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HomeMy WebLinkAboutSW8971218_HISTORICAL FILE_20150915STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW � IOJI D / DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE El COMPLIANCE EVALUATION INSPECTION DOC DATE- z qz� YYYYMMDD 9V72J2(115 New Hanover Couri y PARID: R07600-OW037-003 MYRTLE GROVE BUS PARK OWNERS Parcel Alt ID 313418.31.8881.000 Address 5648 CAROLINA BEACH RD Unit City VN LMA NGTON Zip Code Neighborhood CBC04 Class HOA-Homeowners Common Area Land Use Code 961-Condominium Common Area LMring Units Acres .49 Zoning O&I-OFFICE & INSTITUTION Legal 5648 CAROLINA BEACH RD Legal Description (.49 AC) COMMON AREA MYRTLE GROVE BUSINESS PARK Tax District FD Owners Owner MYRTLE GROVE BUS PARK OVWERS City WILMI NGTON state NC Country Zip 28403 THE DATA IS FROM 2015 Sales Sale Date 09-JU"O 09-SEP-98 29-0CT-97 15-OCT-97 D2-MAY-91 01-MAR-82 Sale Details Sale Price $0 $0 $160,000 $16,500 $0 $0 Grantee Grantor MYRTLE GROVE BUS PARK OWNERS GULFSTREAM SHPG CTR PROP LLC NEW HAN CNTY WATERISEWER GULFSTREAM SHOPPING CENTER GULFSTREAM SHOPPING CTR PROP JENKINS WtLSIE G EXEC GULFSTREAM SHPG CTR PROP LLC CRUMP PAULETTE THRUSH ETAL CRUMP PAULETTE THRUSH JORDAN MELODEE PONTIUS PONTIUS MELODEE THRUSH 'NOT IN SYSTEM ` Book 2700 2431 226D 2255 1548 1200 Page 0154 0011 0306 0113 0246 0112 Sale Key 309029 309028 309027 309026 309025 309024 1 01`6 Sale Date 09,JUN40 ;Sale Key 309029 Sale Price $-00 Grantee MYRTLE GROVE BUS PARK OWNERS Grantor GULFSTREAM SHPG CTR PROP LLC Sale Source - Book 2760 Page 0154 Sale Type VACANT Sale Validity tJ-Unqualified Sale Flag STEB Instrument* Instrument Type Warranty Deed Adj Reason Adj Price Add Amount Link dick Hereto Aew the deed torthis parcel Values Year 2015 Total Land $0 Total Buildings $0 Appraised Total $0 MARKET VALUE SHOWN- EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2015 Iwr;rr--J -T X�r. 4;1, N 140;. Aq IA- -t iv ,,!' -` 1 '.;r -W-10 Q jQ3A--'*-�-,,i,,%V STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-721S FILE ACCESS RECORD SECTION =gym TIMEMATE NAME 1t `l ,- G : e-. 4f REPRESENnNG Guide ' es for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: l.• Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files, p9imtments will be scheduled between 9:602m and 3:00pm. Viewing time ends at 4:45pm. Anyone arriving without an appointment may view the_Mes to the extent that time and staff supeny siyn is available. 2. You must specify files you want to review by facility. name. The number of files that you may review at one time will be. limited to five. 3. You may make copies of a f le when the copier is not in use by the staff and if time permits. Cost per copy is $.05 cents. Payment may be made by cheek, nioney Order, or cash at the reception desk Copies totaling $5.00 or more can be invoiced for yottr conveni6ce.. 4.. F,I.LES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases, Iar eg_totes, etc, are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected -for checks on which payment has been refused, FACILITY NAME COUNTY r'y�24 Ca��4S C_ aC.✓�r,Vb'�1t 9l6 1 7 Signature and Name ofFirm/Business Please attach a business ccu d this form COPIES MADE PAID S: Admen. file access ime In INVOICE l2 !d Time Out BOOK PACE 2479 0506 STATE OF NORTH CAROiiNA Ab92W69WT TO DE M ARATION OF COVEHAM S, CDMDITIONS AND RESIRicnom COUNTY OF NEW HANOVER FM MYR= GIROVE BUSINIM PARK THIS AbUNDME TT to the Dedaiasioo made or the date here:m8 ad b th by CAW Stream She *g Crater Propufim . LLC. (bweinAw retired a "Dadttmt'. WITNESSETId: WHFRFAS, the Declarant hu previously Sled Comments, Condbiom and ReUmbons for Myrtle Groove Bustam Parkin Bo*gW ad Page jff of the New H vm Carry >tegmu, sad WHEREAS. Declarant, pursuing to Article M Section 3 b. hu the right to amend aid Dec uuiaq and WHEREAS, Declarant desircs to act Lath with greater gwcificity the axmpt3anoe which the knta must meet in connection with theNmth Csroliwa Storm Water Ran OffRmk& NOW, THEREFORE, Declarant does hereby delete Article MA Seexioa 2. "CompFamoe with Storm Water Run Off RuW, in its emirety and Maces the same with the foWwW 000108 ARTICLE VHI SECTION 2 COMPLIANCE MH STORM WATER RUNOFF RULES: AS lots shall be subject to and comply with apoiieable storm want runoff rules which art applicable under state or local hrvvs. rL The maximum bm7t upon area per lot (m square fifd).is: Lot i - 14,500; Lot 2 - 36,000; Lot 3 - 49,000; Lot 4 - 33,000, inclusive of [last portion ofthe night of way between the lot line and the edge of the pavement, struiztun s, walkways of brick. stone or shoe, iochrdotg open wow Wig• b. The covemm pe inning to storm water n gulitions may bed -aged or deleted withmd Cowaurmm of the State. c. Alteration of the drainage as shown on the approved plan may not take place without the conciiffeaoe of the State. d. All rum off from the bigmvious areas on the lax =9 drain into the perwntted storm WOW system• Tlaa may be acoompliahed th M*b prwidm8 roof drain gutters which drain into the street, draw guttas which drain into the street, grading to lot to 4 = toward the street or grading peraixter marls aid directing them iato the pond or street. Loan that mtuumf]y drain into the system are not required to provide theca measures. ui n aii:raS is me unuersign00, 0001g toe LJor)arawt tnrest4 has arLud this iwstrummt to be vwcuted�the of )arty, 199g. i .98 DEC 2. PA 10 58 BY: g{ ,,aDVO & VERIFIED i•i�1tii SUE 0015 ►r Of F)CEDS C:�I;x31r �To Q 555600 _ r 4 ai '�-,• ivy c�r� amohl so rwis 000b!•9/-0) =mmdK3a4w 26614I3n "W ap s!p low jo ftm Pmjlp pm PMi ka ssgKim -yn'saumdomi lm2G .? iWNIU SIMP JRa4 00 pm AV aoxv sa wdmd �49WVMLQM Sawam ao Pam PM'MlMaaOMd V11M MUMS NVR S TUMPOAMN MA SISq 3MP PWPWAMM pa Avp sup = amnp9 amen 4pompd 1HMNIIA 'I NX 09 40M PmamP OM Pas AMJ MPJO VM kqW * Y 3o AlWm YNrIonmo Hi)m 3o 3.L.r.Ls LOS4 BL62 35,04 10" Ar f�-� State Stormwater Management Systems Permit No. SW8 971218 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Curtis Palmer, Myrtle Grove Business Park Properly Owner's Association Myrtle Grove Business Park New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until January 22, 2014, and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 4 lots, each allowed a maximum built -upon area (in square feet) as follows: Lot 1- 14,500; Lot 2- 36,000; Lot 3- 49,000; Lot 4- 33,000. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2of8 State Stormwater Management Systems Permit No. SW8 971218 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Receiving Stream: Classification of Water Body: Drainage Area: Onsite: Offsite: Total Impervious Surfaces, ft2: Lot 1: Lot 2: Lot 3: Lot 4: Roads/Parking, ft2: Pond Depth, feet: Permanent Pool Elevation, FMSL Provided Surface Area, ft2: Provided Storage Volume, ft3: Temporary Storage Elevation, FMSL: Controlling Orifice: Permanent Pool Volume, ft3: Maximum fountain pump power: Myrtle Grove Business Park SW8 971218 Carolina Beach Road, New Hanover County Myrtle Grove Business Park Property Owner's Association Mr. Curtis Palmer, Manager C/o Partitions, Inc. 5654 Carolina Beach Road Wilmington, NC 28412 December 5, 1997 Transferred January 22, 2004 UT Cape Fear River "C Sw" 4.13 acres 4.13 0 141,620 14,500 36,000 49,000 33,000 9,120 6.0 29 9,200 @elevation 29 17,460 (between 29 and 30.5) 30.5 2" cp pipe 63,750 %. horsepower 3of8 State Stormwater Management Systems Permit No. SW8 971218 4. No lot owner/developer/lessee shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 6. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 8. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 11. SCHEDULE OF COMPLIANCE The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 4. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 5. Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria: a. The fountain draws its water from less than 2' below the permanent pool surface. b. Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond. c. The falling water from the fountain must be centered in the pond, away from the shoreline. d. The maximum allowable pump power for a fountain in this pond is'/4 horsepower, based on 63,750 cubic feet of permanent pool volume. 4of8 State Stormwater Management Systems Permit No. SW8 971218 6. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 8. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must,occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 9. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 10. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the form: a. The maximum built -upon area per lot (in square feet) is: Lot 1- 14,500; Lot 2- 36,000; Lot 3- 49,000; Lot 4- 33,000, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking. b. The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State. c. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. d. All runoff from the impervious areas on the lot must drain into the permitted stormwater system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. 11. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 5of8 Stake Stormwater Management Systems Permit No. SW8 971218 III. GENERAL CONDITIONS 1. This permit is not transferable except after notice to and approval by the Director. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of curb outlet and engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all conditions of this permit until such time as the transfer is approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permittee shall notify the Division of any name, mailing address or ownership changes within 30 days. Permit issued this the 22nd day of January, 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P. .Director r Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 971218 6of8 State of North Carolina Department of En-vironment and Natural Resources Wilmington Regional Office ,tames B. Hunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality . May 7, 1998 Mr. Jon T. Vincent, Manager Gulfstream Shopping Center Properties, LLC 5315 South College Road Wilmington, NC 28412 AMM 0,� NCDENR NOF4TH CAROLINA DEPARTMENT OF ENVIF40NMENT AND NATURAL RE501-IRCE5 Subject: Permit No. SW8 971218 Myrtle Grove Business Park High Density Subdivision Stormwater Project New Hanover County Dear Mr. Vincent: The Wilmington Regional Office received the Stormwater Management Permit Application for Myrtle Grove Business Park on December 5, 1997, with final information on March 25, 1998. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 971218, dated May 7, 1998, for the construction of the project, Myrtle Grove Business Park. This permit shall be effective from the date of issuance until May 7, 2008, and shall be subject to the conditions and limitations as specified therein. Xlease pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, I Rick Shiver, P.G. Acting Regional Water Quality Supervisor RSSlarl: S:1WQSISTORMVI'ATIPERMIT1971218.MAY CC" Phil Tripp, P.E. Tony Roberts, New Hanover County Inspections Beth Easley, New Hanover County Engineering Linda Lewis W,ilm ington-Regional Office Central Files 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper State Stormwater Management Systems Permit No, SW8 971218 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Gulfstream Shopping Center Properties, LLC Myrtle Grove Business Park New Hanover County FOR THE construction, operation and maintenance of a detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules ") and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until May 7, 2008 and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 4 lots, each allowed a maximum built -upon area (in square feet) as follows: Lot 1- 14,500; Lot 2- 36,000; Lot 3- 49,000; Lot 4- 33,000. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 2 State Stormwater Management Systems Permit No. SW8 971218 DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Myrtle Grove Business Park Permit Number: 971218 Location: New Hanover County Applicant: Mr. Jon T. Vincent, Manager Mailing Address: Gulfstream Shopping Center Properties, LLC 5315 South College Road Wilmington, NC 28412 Application Date- December 5, 1997 Water Body Receiving Stormwater Runoff: UT Cape Fear River Classification of Water Body: "C Sw" If Class SA, chloride sampling results: nla Pond Depth, feet: 6 Permanent Pool Elevation, FMSL: 29 Total Impervious Surfaces, ft2: 141,620 4 Lots 132,500 Roads/Parking, ft2 9,120 Other, ft2 nla Offsite Area entering Pond, ft2: none, per Engineer Required Surface Area, ft2: 8,115 Provided Surface Area, ft2: 9,200 Required Storage Volume, ft3: 11,371 Provided Storage Volume, ft3: 17,460 Temporary Storage Elevation, FMSL: 30.5 Controlling Orifice: 2 " � pipe 3 State Stormwater Manacement Systems Permit No. SW8 9 712 18 4. No lot ownerldeveloperlleasee shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 6. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 7. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. II. SCHEDULE OF COMPLIANCE The permittee will comply with the following schedule for construction and maintenance of the stormwater management system: a. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface except roads. b. During construction, erosion shall be kept to a minimum and any eroded areas. of the system will be repaired immediately. 2. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 4. Decorative spray fountains will not be allowed in the pond. 4 State Stonnwater Management Systems Permit Na. SW8 971218 5. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. C. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 6. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 7. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The recorded statements must follow the form- a. "The maximum built -upon area per lot (in square feet) is: Lot 1- 14,500; Lot 2- 36,000; Lot 3- 49,000; Lot 4- 33,000, inclusive of that portion of the right-of-way between the lot line and the edge of pavement, structures, pavement, walkways of brick, stone, or slate, but not including open wood decking. " b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. " d. "All runoff from the impervious areas on the lot must drain into the permitted stormwater system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures." 8. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 9. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat. The recorded copy must be signed by the Permittee, dated, stamped with the deed book number and page, and bear the stamp/signature of the Register of Deeds. 10. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 5 State Stormwater Management Systems Permit No. SW8 971218 III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Permit issued this the 7th day of May, 1998. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,-t A. Preston Howard, vJr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SWS 971218 T State Stormwater Management Systems Permit No. SW8 971218 Myrtle Grove Business Park Stormwater Permit No. SW8 971218 New Hanover County Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL 7 TRIPP ENGINEERING, P.C. 41 507 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • Fax: (910) 763-5631 March 23, 1998 NCDEHNR Division of Environmental Management Water Quality Section 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Myrtle Grove Business Park New Hanover County, NC SW8 971218 TE 97079 Dear Linda: E z We enclose two (2) sets of revised plans. In regards to your February 9, 1998 correspondence, we offer the following: 1. We have revised detail name as "Pond and Forebay Section". 2. We relocated vegetated shelf just below normal pool elevation. 3. We have added pond design depth to the O & M plan. 4. We have added "No Wetlands" note to this site. 5. We have included an access/drainage easement around the detention pond. 6. We_now include permanent_pooL dimensions. 7. We include the allowable impervious on Attachment "A" for each of Lot Nos. 1 through 4 as follows: Lot No. 1 = 14,500 sf Lot No. 2 = 36,000 sf Lot No. 3 = 49,000 sf —Lot No. 4 = 33.000 sf 8. We now include dimensioning on Lot No. 1. 9. We include entrance road split island detailing for your use. 10. We increased the area of the forebay to allow for 20% of the storage volume as follows: Surface Area @ Normal Pool 29.0 = 1,800 sf (50' X 36') Surface Area @ Forebay Bottom 26.0 = 576 sf Storage Volume = (1,800 X 576) 2 X 3 = 3,564 ft 11. Forebay bottom elevation is 3' below normal pool elevation or = 26.0. mi s _ �O�l ♦Sqi. , V�. Oe °$n 5.� T so g ay•'zs _—lr 0 un' a`� n $? .961 I 3u» g n raq. 2amn � � c... � [ ��-�i2•N33r 0 �' 0l m {f �V i d y1 P,p 'PAS 34171 i Q3 IP s II I c � •F = I I uo-- b • I�3N �-- q ___`_ ___ _N 71'Sa'f 6' F 10801' o p3v � � � R � o .eme°n,e Prop,rlY Lie - > �' Cf fix -•I$ - rn ^' �. p �S I n `" o r N µ0N Y j p �- Ic J— yCS'ICt��r fP'1C la*d cP'IP It-tl (M�a >I4gnd 091) c , � AMH S n poo?� g0009 4 m e lZti 0 �- Ih 8 rt ci. 3 � A E�,CS 3 .9S.lLll N SRA��^ SQL' Y 3 g` . FOR: " v g ; SJJRVEY Gulfstream Shopping !�jTde Grove RusinessPa�k_ EF Center Properties, L.L.C. z FadPoint Township New Hanover County North Carolina Y 5315 S. College Road r Wilmington, N. Carolina 28-2 g ^ HOBBS SURVEYING COMPANY, INC. Revision Plat ms �,au i+�a - SIXIn - menu IC 2M Lots 2R & 3R 1 FU InM38-MM - Fa 9111Mam FOR REGISTRATION CCREGISTER OF OEEOS +� NEW FMOVER COUNTY. NC _ 2001 NOV 01 11�07,22 RM 1 MSTRUNOENT71 200104-277 91�41 � MAP INDEX Name of Map -� Owner's ame Type ofMal ): "ub(livision Condo Highway Book Pages(s) Number of Pages � Additional Comments: Recorded By: Deputy/Am4stakt/ltegister of Deeds -`�Afo REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 f#####fR!##RR#fRRRfi##*Rf!►f1lfRfffi!!f■!i!!!!!elfR#fl:ii##ilRi#iiliRlii#!iR##s#iR#!Ri!#Ri!##ififiiRARAflRfiffRff flifMY! Filed For Registration: 1110112001 11:07:22 AM Book: PLAT 41 Page: 276-277 Document No.: 2001049104 PLAT 2 PGS $21.00 Recorder: PATRICIA BARNES State of North Carolina, County of New Hanover 4 4 " REBECCA T. CHRISTIAN , REGISTER OF DEEDS Deputy/ t Re ster of Deeds *2001049104* 2 t.7r 4 T-AX BOOK PACE ?76 Oi5`k 2090 Jilr1-9 PH 12= 26 REC0R0Ef} 4.tnp 1,';:r,:Fi�l1 ReCgding Time. Bonk and Page Taa Lot No . ......... ................... ................. ....... .......... ,....... .......,..,..... Parcel Identifier No. .......... Verifiedby...................................................................... County on the ... .... ,..,. day of ........... ..... ........... ,... .... ..,................. , ........ by.......................................... ........... ......... ........ ....................... ............. ._................. ,............. ..... ........................... ............................................ kldi after recording to .....L t1�4CIe#R. pPiP$-.Ceater..Yropar0"p..TLC.. ............................ . ................................. ........... ....................................... 53 5.. Sou[4..fio aSt.. ...a3lssin7it a.. �.....ZW3................................................................ This instrument was preparedhy. AI�..a 2I7 Q. Yffth Titr__t- Brief descriplfon for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .... !.�T day of ........................May.............,...,...... , .. 2QK by and between GRANTOR GBLPS711RAK SARPPTIIG CWM PRDP997IB8. LLC. a North carol3na limited liability campa" ,00f)94 GRANTEE Hrm��B� GEOP6 11111MM SS PA>it 011111p�O r dssocIA7i0111 rarer in appropriate block for each perry: weir, address, and, if appropriate, cc,ancler of enllly, aq. corporation or partnrrahlp, The designation Grantor and Grantee as used herein shall include said parties, their beire, succeaaors, and asaigaa, and ■hall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Granite, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .. .....,"' " .................................. . Township, .. Alm H+tAo9GS ... County, North Carolina and more particularly described as follows: ALL of that tract designated as common area on the map of MYRTLE GROVE BUSINESS PARK as shown in Map Book 37 at Pge 265 of the New Hanover County Registry. TOGETHER with and subject to the declaration of restrictions for MYRTLE GROVE BUSINESS PARK as recorded in Book 2316 at Page 389 and as amended in Book 2479 at Page 506 and in Book 2622 at Page 984 of the New Hanover County Registry. TOGETHER with all easementa e1114 private roadways sa shown on the subdivision plat of MYRTLE GROVE BUSINESS PARK in Hap Book 37 at Page 265 of the New Hanover County Registry and together with all coon area improvements which are required to be maintained by the owners association. 6DAUJWfA W . Z17 N. 5Ht S►.,r lAc�, I►� �1 EIJ r7 t1 M, l-", Yo, AW�r. r.irm nc ] tl IYIh. Rr•neJ?' 147T . ,...., w,.,.r. e.,�...a. ,1,...a��..X S IraM BOOK PACE 2760 0 15 5 The property hereinabove described was acquired by Grantor by instrument recorded In ...... ......... .............................................. UWAIe1g..BAJ01t11(Rr..�R1P94�7. pmgistar, of„Deedll................................................... _........................................ -........... ..........1... A map showing the above described property is recorded in Plat Book .................................... page..... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grant". that Grantor is seised of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all ancumbrances. and that Grantor will warrant and defend the We against the lawful claims of all persons whomsoever except for the exceptions hereinafter ditod. Title to the property hereinabove described is subject to the following exceptions: 1. Qaetrictive covenento of record. if a7; Z. Ba9GSIIt.-Z fCr ..rl Tiej. SeZ— — Of re=Zd; 3. Zoning and/or Subdivision ordinancas and ragulAtiaue; t. 2000 ad valorem tarns for lieu Hanover Count]. l tN W11"Basb wMiaaer, w 6rmtk lu. a Its - a * at■ aeaa .ad Mrel, .r lr s.rp�am 1■o v...d b a:e e.tp..ate aaase Yr to datT ■■ta.rteN articen a.d m ■ea! M N a■reoate ■!�+ a67aif .s....ruaea. a 8ortb Para limit liability comp�atty ----•----------------------------------•••-------------------------_- A�a� (Corporate Nan:■) O u:.•---•-•-------------------------------------------- x sTt allry r. -----(DIAL.) er ___rtortaeat " ATTuT: u S - ---------------- (SeAL) -- -------- - ----------------------- a ------- ------------- -------- stctetry (CerpervA Ream p `\\►t\ttiinlflllgji! %��,/ r------------------------------------- -------- -(BEAW aa�700 �i NOaTE CAtoLiMA, fYLTI. �lv------------ Camq. NO � r,L a Netary rauk .1 she Coaaar aa4 ataca $.r.S&Jd. t.11ttr te.r l � b _oi_1;UJ.F�UF.�i! aQP??1NC- CRM P&DPBRTI1%. LLC, a North Carolina ?a limited ie iLity company. -- CP Hnoaally •pPrarrd ae[ere .a! tAle py sad ■ k s toe ■x f e far the purpauaa t4eratn axpreeee� or and on �s�!trzS"WS �p 44 n Mrc a:PYffu :V.--,---- ;.p an o or 1r Chia J"'---------- --- --._ xerxrr Patin SNAL-STAMP NORTH CAaOUNA•----------------------------------C•asq_ L a Notur pine of toe CaS■y sad Sul4 el.reeatd, escUfy Call ------ —________________________________ at personalty cam. Were me this day .ad acaaowledged (hat ____ he Is ___________________________ a.e.etary .t y.______________________________________ _______________ a Keith Cu.ltm terporcgan, and UL M by aalaettty, dolt gists Mho at the act W the corporation, the forta•tng instrument was dgaed a Its acme by na _______________ d • F-Lid—L ...lad wuh As corporate leaf Ada au."od by ----------- a. Its --------------------------- SKreLLq. 7 wltaeq my sand cad el[kul damp at a■all We -------gar of ________________ _________. --------- Mrc.mmtsalo■ eaptr.a_ ______________________________ __-------------------------------------- Notary Pumas Tht tort[al.■ Certincaleiat ofk........... ..ft-JJV------ ------- ...................... ----_.-__••-•••--------------•---------- ------------• ------------------------------------------------- --- ---------------------------•- I.1— 1.11M,4 to be eerrtrL Thl. in.tmmaat and rhla tertltk.t► Met duly r.rCat..H .t in. tat. m4 pees. and in Che Boil d ah.ia ea toe Ilul pane hrre.t, wpyl ,.��.�yf ` aAR� `_�ql� ...................aaOlaTRa OP PRans PON___--___ --3W HW . --- COUNTY ■y -------------- DeP■ty%7UMMMMMd•-a.rlanr.0 0e04 N. f.. ear AaMr. Fort. Nt. 3 d 1976, gr•aeJ la1 I Y7I - i..a......, a c..l.,e.. rar..r...+r x C t Carr , D V 0� ill FOR REGISTRATION REGISTER OF DEEDS REBECCA T CSTIAN NEw HWVOVER COUNTY. NC 2007 18 03 29 FM 200 BK 2997 PG 21-23 FEE SID 00 NCC REVEkuE STRIP f576 40 INSTRUMENT a 2001009690 Excise Tax $575. 00 I Recording'nme, Book and Page Tax Lot No Parcel Identifier No R07600-006-034-000 Verified by County on the day of by )!fall after recording to Curtis E. Palmer 5654 Carolina Beach Road, Wilmington, NC 28412 This instrument was prepared by Allen and MacDonald, 217 N 5th Street, Wilmington, NC 28401 Brief description for the Index Lot 3 Myrtle Grove Business Park NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 15th day of March , 2001 , by and between GRANTOR MYRTLE GROVE BUSINESS PARK, LLC, a North Carolina limited liability company GRANTER CURTIS E. PALMER Enter In ■pproprlate block for each party name, address, and, ,f nppropnalle, character of entity, eQ corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successora, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land situated In the City of Township, New Hanover County, :North Carolina and more particularly described as follows BEING all of Lot 3 as shown on the plat entitled "MYRTLE GROVE BUSINESS PARK" recorded in Map Book 37 at Page 265 of the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more particular description. TOGETHER WITH and subject to the Declaration of Covenants, Conditions and Restrictions for Myrtle Grove Business Park as shown in Book 2316 at Page 0389 of the New Hanover County Registry and amended in Book 2479 at Page 0506 of the New Hanover County Registry. Return to ALLEN and MacDONALD N C 6:r No Perm o 3 P 1976. Rers,ed 0 1977­­rw..• co la ao. 17, v.a,rrw.,. N c now 217 N. 5th St., Wilmington, NC 2SQ1 ,rrne.tl b. 4p.,n.m nrn ,N N C. air •m[ - Ire! The property hereinabove described was acquired by Grantor by Instrument recorded in Deed book 2536 at Page 0821 of the New Hanover County Registry A map showing the above described property is recorded In Plat Book 37 page 265 TO HAVE AND TO HOLD the aforesaid lot 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 manic in fee simple, that title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of ail persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the following exceptions a. Restrictive covenants of record, if any; b. Easements for utility services of record; c. Zoning and/or Subdivision ordinances and regulations; d. 2001 Ad Valorem taxes for New Hanover County. IN WITNE99 R iER EO R, a Granl•r has here onto set his Nand and seal, or if corporate, has e•vsrd this instrument to be small to Its orporal a by i logy a4 artsed a}hteri and .la teal to be h!r•anLo a[tixed by authority of lie Roard of 1],rte lair, the day and year first above w leis MYRTLE ROVES INES PARK, LLC, a _blor.t tin t ad__liabil i.ty _company _---------------------------_(SSAW (C rear to Name) J ----------------------------- By y' C ---------------------------(SEAL) __________ ___------- ______]irifst ml[ Manager 90" `) ------------------------------'- --------------------------(SEAL) .7 Manager i -------•--------------------�FicrxttixgffifplglplvltecsmtN m r•i ___ ___________________ __ __ _____________________________(SEAL) ,.'StAL-6 �••. NORTH CAROLINA,-_Ni�i_1?�]SOVer--------------- county � tp : Z' W 1, a Notary public of the County And State arnrt.ard, certify that Joil.T. Vincent--pera6n---- --- �111 ZY y +'= appeared before me this day and ack_nowied ed that he is Manager of MYRTLE GROVETiuiited Iia�3"lity company grid' 'x • r C .: t0 perranauy appeared before me this day and Acknowledged the rxecvtian of the foregoing instrument Witness my 15th March 2001 hand and official sump or seal, this ________ daY or ________________ ......................... 4 IN '•, A^//i, C(}� �,.' My commisstoa expire- ----------- 7-42.2/05.-------- SEAL -STAMP NORTH CAROLINA- __________________________________County I, a Notary Public of the County and State aforesaid, certify that __________________________________________ A personally came before me this day and acknowledged that ____ ha in ___________________________ Secretary of d w y_____________________________________ _________________ a North Carolina corporation, and that by authority duly u given and as the act of the corporation, the foregoing Instrument was signed In its name by its _______ in 6 aaa President. seated with its corporals ) and attealed by ----------- as ils __------------------------- Secretary witness MY hand And ofrleiat -tamp or Beal, this ------- day Of _________----------------- -------- AXY commirrron expires ______________________________ ________ Notary Public The foregmng Cer ufirate(-) of ____________ _____________________________________________________________________________._______---_______-.___________-_____________________--__________ rNare certified to be correct This Instrument and this ceraflcata are duty registered at the date And time and in the Book and Page shown on the first p+ is hereof ---- ------------------------------------------------------------- REGISTER or DEEDS FOR ------------------------------------ COUNTY By ___________________________________________________________________Deputy/Asak.lant- Register of Deeds N (. Big Assos Form No I s'11976 Rc-d Q 1977 - iu.,n w —& c" ,n. a.. ,?i v.—&. N c ateat r,.n,•I by ar�r.m•", wi,l„�.N a 8.•Pxn• -t98, REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 lfi*i!f!fliRRR#!i*lyRi,lfy}}RRRRR##RRiii Riiiiifflii!*fYffiffiifiARi#*R!!iliRRRR*RRR*tiffA}#RRRRR!!l11RRlRRiRRRitY#}RRR*RR Filed For Registration: 03/16/2001 11:03:26 AM Book- RE 2897 Page 21-23 Document No., 2001009590 DEED 3 PGS $10.00 NC REAL ESTATE EXCISE TAX: $575.00 Recorder: PATRICIA BARNES flfR yAiRRMRRit*+Yii}RRiiii*fliiiyy*iiiiiilR#fiiif#MA*Riffiiiif#***RR**!!it*#iR*itifi#ilfiifiyRi Viiii*YRiiiiiRiiif*fiffiif State of North Carolina, County of New Hanover The foregoing certificate of DOROTHY J MINER Not is ifi to be corr . This 16TH of March 2001 REBECCA T CHRISTIAN , REGISTER OF DEEDS By: Deputy, Register of Deeds ARRRRfRl1f*R#RRRi*R#**#iRARi#iiRiilflRR*RRiiiliil}}fRAi*RRYRffiRRRRR R*RR*R#A#RRRRRiliiiR#RRfiffiYf}ilfil►fy}fRRi}iiy}*AA *2001009590* 2001009590 FOR REGIBTRRTION AEOtS7ER OF DE RESECCR T. CHAISOEM IRN 2001 NOV 13 NOV NIa 0i:02:COUNTY�7 NC 200an BK:3103 ":7"G767 FEE:312.00 NC REVENUE S7AIW;De.N INSTRUMENT i 2001050834 sra,1?4 169 "' _ I (Excise Tax) pegr OF Recording time, Book and Page Tax Parcel No. RO7600-006-034-000 A,do ACL PF 407400- oa6- 039 —coo Prepared By: James A. MacDonald P.O. Box 241, Wilmington, North Carolina 2a402 After recording mail to: GQO WILL OMMVNT�( QN, INC.3 1t►1r,krr:r,tt>tiwr>ttr+t•*�*1►1►**tr*r*,t>ti*r•*rr�,*,��*t1�*r**r**Q#�**•*rrr�tt�** STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this 436t day of October, 2001, by and between MYRTLE GROVE BUSINESS PARE, LLC, a Borth Carolina limited liability company, hereinafter called the Grantor, and GOODWILL coKKUNITY FOONDATION, INC., hereinafter called the Grantee. The designation Grantor and Grantee as used herein shall include said parties, its heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WI T N.E S E T H: THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, its heirs and assigns, in fee simple, all that certain lot or parcel of land situated .in the New Hanover county, North Carolina, and more particularly described as follows: BEING all of Lot 2R as shown on a revision nap for of Myrtle Grove Business Park, LLC, prepared by Hobbs surveying company, Inc., recorded in Map Book 41 at Nags 276 of the view Hanover County Registry reference to which is made for a more particular description. Together with all and singular the tenements, hereditament and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot 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 and has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except 2001 ad valorem taxes, and ordinances and municipal building code restrictions, if any, and that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons whomsoever except for exceptions herein stated. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Mtu WTO plc 1r ��1 i MYRTLE GROPE BUSINESS PARK, LLC l � i I BY (Seal) a Vince t, Manager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, • Lom Z. UND �_, a Notary Public in and for the State and County aforesaid, do hereby certify that Jon T. Vincent, personally came before me this day and acknowledged that he is a Manager of MYRTLE GROVE BUSINESS PARK, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company; and that the typewritten word "SEAL" appearing beside the name of the limited liability company has been adopted by the limited liability company as its seal. WITNESS my hand and Notarial Seal, this the _� day of October, 2001. of Ty Pub C „sq..ur nn4 W q"�. .,; f My Commission Expires: iAA1%; Sr�V+ = i a0 — 5 _ ;spUDL i a'OVER t d" b` 4n.uu.•a THIS PAGE IS BEING RECORDED AT THE REQUEST OF THE PERSON. RECORDING TO CO TIER EXCESS FILING FEES. F4,�, — • � RECORDER Fd2-A--7u/e-- M 1- .ei—, i LAW FIRM r¢ v Mu V�t Alk REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 **RrrRfRff*RRRRRRRR*r****RRRRRfitRRR*t**r*Rfftlt**R**RRRRRRRRRR*tRRf*f*tfttRRRt1R*IYf*R*RRRRRR**f*R!!!f!*RR**NRR***R*tf!• Flied For Registration: Book: Document No.: NC REAL ESTATE EXCISE TAX: Recorder: 11/13/2001 04:02:07 PM RE 3103 Page: 764-767 2001050834 DEED 4 PGS $12.00 $966.00 MARVIS ANN STORER •■f#R*##RfRRrf#rr*ffRR#RwR###R#w##*f#fRR#RrR#RRRRRRRwRR#f#####*RRRRRRR###Rf#s�f#RRRw##fA#rRR#R##flit#R*1R#RR####flkffl/f## State of North Carolina, County of New Hanover The foregoing certificate of LYNN R WARD Notary is certified to be correct. This 13TH of November 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS By: DeputyrAseMtsi*Register of Deeds rrwwfRRRw*ffrrflrr*eRRRRrRRf#!!rr#r*RR#rr#fsrrrrrr*rrwwrr#rrr*errrrrrrffrtfrrrrrrrR#rrRrrrr*rR*#rRRwrRRr###rRfrrr*»Rrrr *2001050834* 2001050834 FOR RE,,, RTION REGISTER OF OEEn6 REBECCp T CNRI-TIAN 1 200u1 M�Ot'ER COUNTY Ilk 2897 pG1e110 ti7 62NpN NC REVENUE 6TAMP 10 e0 INSTRUMENT # 2001017t7585400 0a Exclse Tax $1, 400. 00 1 Recording •nme, Soak and Page Tax Lot No Parcel Identifier No R07600 006 035 000 Vern5ed by County on the day of by Matt after recording to Curtis E. Palmer 5654 Carolina Beach Road, Wilmington, NC 28412 ' This Instrument was prepared by Allen and MacDonald, 217 N 5th Street, Wilmi n, NC 28401 Brief description for the Index of 4 Myrtle Grove Business Park NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this 15th day of March , 2001 , by and between GRANTOR MYRTLE GROVE BUSINESS PARK, LLC, a North Carolina limited liability company GRANTEE CURTIS E. PALMER and wife, ARLEEN B. PALMER Enter ,n appropriate Mack for each party name, address, and, if appropriate, character of entity, e 4 corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of I Township, New Hanover County, North Carolina and more particularly described as follows BEING all of Lot 4 as shown on the plat entitled "MYRTLE GROVE BUSINESS PARK" recorded in Map Book 37 at Page 265 of the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more particular description. TOGETHER WITH and subject Co the Declaration of Covenants. Conditions and Restrictions for Myrtle Grove Business Park as shown on Book 2316 at Page 0389 of the New Hanover County Registry and amended in Book 2479 at Page 0506 of the New Hanover County Registry. �Rte�t}um to ALIEN and MacD7�a/NA�IA.D► N C 11ar A— Form No 3 O 1976, 11 ru—dO 1477—�v+..wx�.,..s c, iK w=iav v.e,,,,,,,iw H c riosb Ll1 N. •1th St., YY IfIIllI1g10I1, I�t.+20'f5i1 .�,��r ev nu ..m.n ..�� i.- N c e., ♦.o, - i r i The property hereinabove described was acquired by Grantor by instrument recorded in Book 2536 at Page 0821 of the New Hanover County Registry A map showing the above described property is recorded in Plat Book 37 page 265 TO HAVE ANT) TO HOLD the aforesaid lot 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, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of All persons whomsoever except for the exceptions hereinafter stated Title to the property hereinabove described is subject to the followmg exceptions a. Restrictive covenants of record, if any; b. Easements for utility services of record; C. Zoning and/or Subdivision ordinances and regulations; d. 2001 Ad Valorem taxes for New Hanover County. IN w1T N$BS w aRROP, tih Granter has hereunto met his hand and seal. or at corporate, his tabard this Inar9ntent to ba signed In Its cetpotate name ay duly lulho ■boos written zed olttcen and Itr sea] to be he meant affixed by authority of it. Board Of illreet—, the day and year first MYRTLE ROVEit SINE PARK, LLC, .ern a_ N rtli .Cain na_1 ited_liability c�tY lseww tx mrmrr,�tez .a 0 ___________________________________ log ------- -------------------xzmmamc Manager u ------•---------•------------------------------------------ P7 ----------------------------milctancltannaarmirnew Manager M rJ--------- ------------------------------------------------- (SEAL) Sr NORTH CAROLIIVA,__-SIS2W_�iailQY6r-------------- county JC�'A)ISPM�`rf,I' 'ji % 1, a Notary Public of the County and Slate aforesaid, certify that ._ Qu_T•._Vlncezxt_pexsana.Uy.-- = J .�. ' appeazed before me this day and acknowled&ed that he is Manager off _ err..;}-'; = ----- I MYRTLE GR6VI AUSINE§S PARK, I.LC, a Ilili.id iiabilfty company and , - V = m personally appeared before me this day And acknowledged the execution of the foregoing instrument Witness guy �y k, Z J f►i Iy1 �i I p hand and offiess. stamp or seal, this J. day of __1_r- �_tM _ ��- U ` � �1 /l 7J4k!6 Notary Pubnc 9� My commrs,ion expire. __ __ _ _______ ___ __I '_`�! �' ---- `sw�iu.rra� as �ts�i naaaarase.0 SEAL-11TAMP NORTH CAROLINA--------------------------------- _County I, a Votary Puhlic of the County and State aforesaid, ccrtafy that ___.___-__-_•_____________________________ ,y penonatly came before me this day and acknowledged that he Ir___________________________ Secretary of s ------------------- ----------------------------------- a North Carolina Corporation, and that by authority duly m.wen and ■s the act or the corporation, the foregoing instrument we. agned in its name by its _______________ Preodent, seated with its corporate seal and attested by ----------- as its ________________•.._-.-.-__ Secretary witness my hand and offleW .tamp oI seaf, this .------ day of --------------- Mycommiiuon expires ______________________________ _______________ ..__ Notary Public The faregaing Cettirlr.te(t) of ________ ----------------------------------------- ---______-.----.- ____________________________________________________________________________•--_--________________________-_----_________-.---.-________---..- is/are certified to be correct This instrument and this eerUhcate are duly registered At the date and time and an the (look and Page shown on the first page hereof ... ____------------------------ _--------------------------- _..___._____REGraTkR OF DEEDS FOR --------------- .------------- .------ COUNTY By -------------•--•-------.-----------------------_----_.-------.---Deputy/Assulsnt- Register of Deeds N C a,r A+ Form No 3 4 1976 anitcd iD 1977 ". ...a.—r c I., n..e..,an J �y REBECCA T CHRISTIAN REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 #fkik###*fkikaik#RRRRakRRRR#a RRki#kkkratiiarrfa!•alfrlif#lfiiiiifr!liaaa#!fr!lr4rlriirw}iaaifiylarlfrrrw#kkf R}}ki}wRRwww Filed For Registration, 03/16/2001 10:57.02 AM Book: RE 2897 Page: 1-3 Document No.. 2001009586 DEED 3 PGS $10.00 NC REAL ESTATE EXCISE TAX: $1,400 00 Recorder: PATRICIA BARNES rkrrliikiik*iRrli#iiiiarrirairrraiif R}}Rwwk#w#kiw#iR#RRf Rrww Rfrrrrrliiiirrafyryr}rrrr4frarrfirrrrrrfrakwwwwRR#wwrwwRR#ar State of North Carolina, County of New Hanover The foregoing certificate of DOROTHY J MINER Not i c ti ed to be cor ct This 16TH of March 2001 REBECCA T. CHRISTIAN , REGISTER OF DEEDS B Deputy/ t Re ister of Deeds #i}rRrfRwww#iiwR*Rkkik*k**iiiflriiir R#ryaww Rf#wfyyrf#rftlrtiirfti}illliNYf##RkR##i####ffN##iiy#***f#*iiiiiiiiif¢};i#ik#*# *2001009586* 2001009586 RO3 BOOK PAGE Lot f q71 ZfS 3 18 0 9 0 8 -98 F�9 27 rPI 2 44 R�CLitCEC � �Li`;C't4 mv'y SUE co7R,,r (Excise Tax) Recording time;'^Hoo Oage Tax Parcel No.-76d0-oo9'._o boa I• • �••,._...rtd�lp Prepared By: James A. MacDonald P.O. Box 241, Wilmington, North Carolina 28402 After recording mail to: Peter Lawrence 6 Cynthia Parrish Dugan �DDiG.11 1007 Edgewater Club Road Wilmington, NC 28405 tttttttttttttttttttt:tsttrr+rt#tiwrt*t•ra,�trt,�*rawk*tartw+�►t+ftrtrtt STATE OR NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER THIS DEED, made this 24th day of February, 1998, by and between GULFSTREAM SHOPPING CENTER PROPERTIES, LLC, a N.C. limited liability company, hereinafter called the Grantor, and PETER LAWRENCE DUGAN, and wife, CYNTHIA PARRISH DUGAN, hereinafter called the Grantee. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. W I T N E S S E T H: THAT said Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does hereby grant, bargain, sell and convey unto the said Grantee, their heirs and assigns, in fee simple, all that certain lot or parcel of land situated in the New Hanover County, North Carolina, and more particularly described as follows: BEING all of Lot 1, of MYRTLE GROVE BUSINESS PARK as the same is shown on a map of said subdivision prepared by Hobbs Surveying Company, Inc., dated December 17, 1997, and recorded in Map Book 37 at Page 265 of the New Hanover County Registry, reference to which is made for a more particular description. SUBJECT to and together with an easement for ingress, regress and egress and for utilities as said easement is shown on the map of MYRTLE GROVE BUSINESS PARK recorded in Map Book 37 at Page 265. SUBJECT to the Declaration of Covenants and Restrictions for MYRTLE GROVE BUSINESS PARR as recorded in Book 2316 at Page 389 of the New Hanover County Registry. Together with all and singular the tenements, hereditament and appurtenances thereunto belonging, or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid lot 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 and has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except 1998 ad valorem taxes, and ordin-!t.nces and municipal building code restrictions, if any, and that Grantor will WARRANT and DEFEND the title against the lawful claims of all persons whomsoever except for exceptions herein stated. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. JEW HANOVER CM rc 02127YSO .o $303.00 n.n �. �uNp Real Ee+ate Escise Tax 5;J593.) .S'f . agDK 4AGE �318 494g GULFSTREAM HOPPI�i' CENTER PROPERTIES, LLC // BY: ni i/CQ' (Seal) J T. i c nt, ?tanager STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, uiq L O�a"ja c in and for the sta a and County aforesa d, do hereby Notar certifyublic that Jon T. Vincent, Manager of GULFSTREAM SHOPPING CENTER PROPERTIES, LLC, personally appeared before me this date, and acknowledged the due execution of the foregoing instrument on behalf of the Partnership. WITNESS my hand and Notarial Seal, this the 4± February, 1998. day of My Commission Expfres:`f-ig-W STATE OF NORTH CAROLINA He' HanoverTht Cooney �OrceaLov Aa,,,Cd C[nifL +k(s) ar m bcra (NotuinS public is/ U, certified ten. 7h:; tlf� day of by —39 Oots . Kister f lkws � U�p4,y� "'�. otary Public - 3 -_C^K This instrument seas prepared by Debbie Clark, Closing Coordinalor, Wacilovia Bank, N.A.. , whose address is I D I N. Cherry Street, MC: NC-39071, Winston-Salem, NC 27150-9071 0,; n 4 2 NOR"rH CAROLINA. NEW HANOVER COUNTY .tUfED = 4J7$ THIS DEED OF TRUST, ASSIGNMENT OF RENTS. SECURITY AGREEMENT and FINAN 646MUEMENT mode and entered into as of the 24thday of June , 1992 , ,'by and GROVE BUSINESS PARK, LLC, a limited liability company, whose address is 5315 South College Rood, Wilmington, North Carolina 29412 (hereinafter called (;rantor, whether one or mom in number), and NEW SALEM, INC., a North Carolina caporatiom Trustee (hereinafter called Trustee), and WACIIOVIA BANK, N.A., whose address is 100 North Main Stttst, Winston-Salem, North Carolina 27150, Attention: General Counsel, Legal Division (hereinafter called Beneficiary); RECITALS: 000139 COLLATERAL INCLUDES FIXTURES MYRTLE GROVE BUSINESS PARK, LLC (hereinafter called the "Maker," whether one or more in number, and the Maker and the Grantor may be one and the same) is indebted to Beneficiary in the sum of FIVE HUNDRED THOUSAND AND NO1100 DOLLARS (S500.0WL00). as evidenced by Maker's note notes of even date herewith (hereinafter tcferred to as the Note. which term shall include any and all renewals, replacements, m ifications and extensions thereof). which Note, unless renewed or extended, is due and payable in full on or before the I s�gf 1 90frd. 2015 'This Deed ofT rust is given to secure all present and future obligation of Maker to Beneficiary. The period in which future nbiigariwss ma) he incurred and secured by this Deed ofTnnt is the period between the date hereof and that date which is the earlier of t i) the stated maturity date ofthe Note or (ii) fifteen (I5) years from the date hereof The amounts of present obligations secured by this Deed of Trust is zero Dollars, and The maximum principal amount, including present and future obligations, which may be secured b>% this Deed of Trust at any one rime is FIVE HUNDRED THOUSAND AND N011oo DOLLARS ($500,000.00). Any additional amounts advanced b) Ieneficiary pursuant to the provisions of this Deed of Trust shall be deemed necessary expenditures for the protection of the security. Neither Maker nor Grantor need sign any instrument or notation evidencing or stipulating That future advances are secured by this Deed OFT rust, Grantor desires to secure the following described obligations (the "Obligations'): (a) payment of the Note with interest and am rcnessals, modifications or extensions thereof. in whole or in part. and (b) the additional payments hereinafter agreed to be made, bs the collateral hereinafter described. Notwithstanding anything to the contrary contained herein, the Premises, by reason of the terms „('this Deed of Trusl shall not secure such other indebtedness, obligations and liabilities of the Grantor or Maker to the Beneficiary that are (a) cottstnner credit as defined in Federal Reserve Board Regulation Z. or (b) non -consumer credit if under applicable state law the ataxinium interest rate for such credit is reduced when secured (herein collectively referred to as the "Restricted Debi"). NOW, THEREFORE, in consideration of the premises. and the sum of One Dollar (Tt.00) and other good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, Grantor has given granted, bargained, sold and conveyed. and by these presents does give, grant- bargain, sell and convey unto Trustee the following property (the "Premises"): (a) The real property lying and being in New Hanover County. North Carolina and described in EXHIBIT A ATTACHED IdERETO AND INCORPORATED HEREIN BY REFERENCE (the -Land"); (b) All buildings and other improvements now or hercaRcr located in, on or about the Land, and all of Grantor's building materials intended for incorporation but not inconponted into the improvements to the Land, and aft furnishings, furniture, fixttutes, machinery, equipment, tools. and all other personal property or chattels used in connection with the operation of such improvements, specifically including, without limitation, appliances, gas and electric fixtures and systems, radiators, heaters, engines and machinery, Wilcrs. ranges, elevators and motors, plumbing and heating fixtures and systems. carpeting and other floor coverings, water heaters, air conditioning apparatus and systems, window screens, awnings, storm sashes AND ANY OTIIF.R PF,RSONAL PROPERTY COLLATF,RAI. DESCRIBED IN ANY SCHEDULE OF ADDITIONAL PERSONAL PROPERTY COLLATERAL ATTACHED HERETO, whenever acquired by Grantor and now or hereafter located in, upon or under the Land, together with all additirsrts and accessions thereto and replacements and proceeds (hereof (the "Improvements"); 4ietm to ALLEN and MwEI NA[15 1 117 N. 5th St; W' R.,ilatin�tan�.111Q 590161,r' (Cl Ail Icaus. reels, iguAlofrts, royal. A,Rrrddr# and Wier benefits derived from the Land and the Improvemem (the --Rcats"f. subject to the right, power and authority hereinafter given to Grantor to collect and apply such Rents, and the proceeds from any insuranrse or condemnation award relating to the Lind! and the Improvements; and (d) All easements, rights -of -way and rights used in connection with the Land and the IrrtpMVat eras OF as a uterus of Guess thereto, and al I tenements, Itereditaments and appurtenances thereof and dtereto; No (e) All the rights, interest and privileges which the Grantor as lessor has or may have in the leases now existing or hereafter made and affecting the Land or the Improvements or any part thereof, as said leases may have been or may from time to time be hereafter modified, extended and renewed, together with any and all guarantees of arty leases affecting all or any part of the Land or, the Improvements 4collectively, the "Leases") and all security deposits received in respect of arty Lase (the "Security Deposits"). The term "Loan Documents" shall mean this Deed of Trust, the Note, any loan agreement, any security agreement, any master agreement, any guaranty, and all such other agreements or documents evidencing or securing the Note. TO HAVE AND TO HOLD the Premises unto Trustee in fee simple forever, upon the trusts and for the uses and purpmes hereinafter set out; And Grantor covenants with Trustee that Grantor is seized of the Premises in fee and has the right to convey the same in fee simple: that the same are free and clear of all encumbrances, that Grantor has done no act to encumber the Premises and that Grantor . ill warrant and defend the title to the same against the lawful claims of all persons whomsoever, and that Grantor will execute such further issuances of said lands as may be required. THIS CONVEYANCE IS MADE UPON THIS SPECIAL TRUST, that if either Maker or Grantor shall pay the Obligations in accordance with its terns and shall comply with all the covenants, terms and conditions of this Deed of Trust, this conveyance shall be released and cancelled of record. Grantor and Maker, as applicable, hereby further covenant and agree with Trustee and Bcnefciaq as follows. Section I. Commitment litter; Loan Agreement. The terms and provisions of any commimtent letter relating to the loan evidenced by the Note or to any other Obligations (the "Commitment") and of any loan agreement between Maker and Beneficiary relating to the loan evidenced by the Note or to any other Obligations are incorporated herein by reference. A default under any such Commitment or loan agreement shall for all purposes constitute a default hereunder and under the Obligations. Inhere k any conflict txaween any such Commitment and the Note (or any other Obligations). this Deed of Trust or any such loan Weemmi, then the Note (or any other Obligations), this Deed of Trust and any such loan agreement shall control. Section 2. Financial Statements. Grantor or Maker will famish to Beneficiary without cost to Beneficiary an annital statement, in form and certified in a manner satisfactory to Beneficiary, whenever requested by the Beneficiary, but in no case less frequently than annually. setting forth all income and expenses derived or incurred from the operation of Grantor's or Maker's business conducted upon the Premises, and if requested accompanied by a rent roll, in form and substance satisfactory to the Beneficiary, specify ing the name of each tenant in occupanc). the term of the lease of each tenant. the number of square feet leased by each tenant and the per square foot annual rental of each tenant, all in reasonable detail and certified by the Grantor or Maker to be correct. The Maker will also furnish to the Beneficiary upon request of Beneficiary such information with respect to each other income property owned by the Maker or any such guarantor of the Obligations. Such annual statements and rent roil shall be famished within ninety (90i days from the end of the calendar or fiscal year of such operations (or whenever reasonably requested by die Beneficiary). In addition, Maker will furnish to Beneficiary financial statements (in form satisfactory to Beneficiary) of Maker and of each guarantor, if any, of the Obligations as follows: (a) In the case of a corporation. partrwrship, limited liability company, trust or other entity, annual Financial statements within ninety (90)days after each fiscal year-end of such entity and quarterly financial statements within 60 days after the end of each fiscal quarter of such entity, and (b) in the case of an individual, however, the Beneficiary shall be furnished a personal financial statement of such individual so that the Beneficiary has at all times a personal financial statement not more than twehr (12) months' old of such individual. Section 3. Payment of Indebttdnta; Impositions, Maker will pay, when due, the Obligations and all real and personal property taxes and assessments, general and special, and all other taxes and assessments of any kind or nature whatsoever, including without limitation non -governmental levies or assessments (hereinafter referred to as "Imposifiorss7) such as owner association dues or charges or fees and maintenance charges which are assessed or imposed upon the Premises or the loan Documents. Beneficiary may, w its option, pay any such Impositions of which payment, amount and validity thereof the official receipt shall -be conclusive evidence, and any amounts so expended shall immediately became debts due by site Maker, shall bear interest at die raft specified in the Note, and such payment shall be secured by this Deed of Trust. .7_ 2591 0191 Section 4. Insurance. Maker or Grantor will cause the Improvements to be imured against loss and damage by foe, fluaf. tornado and windstorm, vandalism, malicious mischief and builder's risk (if applicable) and against such other hazards as are customary in the locale for Improvements or as Beneficiary may otherwise require, including, if applicable, tent loss or business interruption 'for peripds of no less than twelve (12) mori ts, in amounts at no time less than the total replacement cost of such hnprovements, plus an amount sufficient to prevent any co-insurance liability on the pact of the owner of the Premises. All insawanee shall be with reputable companies with a Bert tmurance Report Rating of B, or better; and Maker or Grantor will cause to be paid all premiums for such insurance when due. Unless and until requested by Beneficiary, Grantor shall not be required to cause such insurance to name Beneficiary as mortgagee or loss payee or to deliver such policies Of renewals Or evidence of payndTt of ptenhitans to Beneficiary, but if requested by Beneficiary, Grantor or Maker immediatel}, (but no Iater than five (5) calerhdar days) shall cause Beneficiary to be named as mortgagee and additional insured trader such policies and renewals, shall deliver to Beneficiary copies of such policies and renewals and such other evidence of compliance with this Section 4 as Beneficiary may request, and Grantor or Maker shall make such adjustments in the coverage of such insurance as Beneficiary may require. IfGrardor faits or refuses to keep the Premises so insured. Beneficiary may obtain such insurance without prejudice to its right to forrc)ow hereunder by reason of such default. In the event of loss. Grantor or Maker will give immediate notice by mail to Beneficiary who, if then rated as mortgagee and additional insured, may make proof of loss if not made promptly by Grantor, and, if the Beneficiary is then named as mortgagee and additional insured, each insurance company concerned shall hereby be authorized and directed to make payment for such lass directly to Beneficiary instead of to Grantor . Maker and Beneficiary jointly. If the Beneficiary is then named as mortgagee and additional insured, the proceeds of any insurance, or any part thereof, may be applied by Beneficiary, at its option, either to the reduction of the Obligations or to the restoration or repair of the Improvements. Beneficiary may, at its option, pay any such insurance premiums of .vhich payment, amount and validity thereof the official receipt shall be conclusive evidence, and any amounts so expended shall immediately become debts dux by Maker, shall beer interest at the etc specified in the Note, and such payment shall be secured by this Deed of Trust. If any portion of the Improvements is located in a special flood hazard area according to the Federal Emergency Management Agency ("FEMA"), then the Grantor or Maker must maintain a flood insurance policy in the amount of the Nate plus the outstanding principal balance of any senior liens on the Premises or the replacement value of the Improvements kwaterl in a special flood hazard area, whichever is less. If at any time during the term of the Note, the Improvements are classified by FEMA as being located in a special flood hazard area, flood insurance will be mandatory. Should this occur federal law requires the Beneficiary to notify the Grantor or Maker of the reclassification. If, within forty-five (45) days of receipt of notification from the Beneficiary that an} Ptntion of the Improvcrncnts has been reclassified by the FEMA as being located in a special flood hazard area, the Grantor of Maker has not provided sufficient cridence of flood insurance, the Beneficiary is mandated under federal law to purchase flood insurance on behalf of the Grantor, and any amounts so expended shall immediately became debts of the Maker, shall bear interest ar the rate specified in the Note, and payment thereof shale be secured by this Deed of Trust Section S. Maiatenaaec of Premises: Compliance with f-sws. Grantor will keep the Premises in good order, repair and condition. reasonable wear and tear excepted and shall not commit or permit any waste. Grantor will also comply with all Applicable haws, statutes. ordinances, codes, judicial and administrative decisions (including without limitation and as applicable, all such laws, statutes. judicial and administrative decisions relating to the physical accessibility requirements of Title III of the Americans w ith Disabilities Act of 1990 (as amended) and the implementing regulations promulgated thereunder by the Deparmnent of Justice and the Americans with Disabilities Act Accessibility Guidelines (ADAAG) associated Therewith and the applicable ANSI Standards under the Fair Housing Act (as amended) and all applicable regulations) of all applicable state, federal or local govemmernal entities (the "Requirements'), Grantor will not make material changes to the Premises. change the use of the Premises, or consem to a change in zoning of the Premises without the Beneficiary's prior written consent, Grantor shall immediately provide notice of proposed zoning changes to the Beneficiary. Section 6. Conveyance of Preahlses Grantor will not sell. convey, transfer or encumber the Premises, or my put thereof or interest therein, legal or equitable, without the prior written consent of Beneficiary. Beneficiary's consent to 'any conveyance or encumbrance may be conditioned upon an increase in the interest rate specified in the Note (or other Otligations), an e,,Icmion or curtailment of the maturity of the Obligations. or other modification of the Note or this teed of Trust. For purposes of this Section & a change of ownership of partnership interests in Grantor, Maker or any guarantor (if such entity is a partnership or joint venlure) or a material change in the structure of Grantor. Maker or any guarantor (if such entity is a eorporatiom limited liability company or Rust), including. without limitation. a change in principal stockholders, menhbess, maragers, trimem, beneficiaries, or Their respective interests, shall be deemed a conveyance or transfer of the Premises. -3- Scctiou 7. lazardous Material. 2597 0!9 2 7.01 Representations and Werronties. Granlor and Maker represent warms! and agree that (a) no Hazardous Material (as hereinafter defined) has been used or placed on the Premises in violation of Environmental Laws (as hcfeinafka defusod); (b) there are no unregistered underground storage tanks on the Premises that arc subject to any underground siaritp teak registration laws or regulations; (c) no notice has been received with regard to any Hazardous Material on the Premises; (d) the Premises are presently in compliance with Environmental Laws; (e) no action, investigation or proceeding is priding or to Grantor's or Maker's knowledge threatened which seeks to enforce any right or remedy against Grantor or the Premises under any Environmental L.aw, (f) Grantor shall permit no installation or placement of Hazardous Material on the Premises in violation of Envirottrneraal Lawn, (g) Grantor shall permit no release of Hazardous Material onto or from the Premises; (h) Grantor shall cause the Premises to comply with Environmental Laws and be free and clear of any liens imposed pursuant: to Environmental LAws; (i) all licenses, permits and other governmental or regulatory actions necessary for the Premises to comply with Environmental Laws (the "Permits") shall be obtained and maintained and Grantor shall assure compliance therewith; and a) Grantor sftall give Beneficiary prompt writer notice If Grantor receives any notice with regard to Hazardous Material on. from or affecting the Premises and shall conduct and complete all invest igations and all cleanup actions necessary to remove, in accordance with Environmental Laws, such Hazardow Material from the Premises. 7.02 Inspeettons and Aadib. Beneficiary shall have the right at any time during the term of this Deed of Tout, whether before or after default. to conduct or cause to Ix conducted an environmental inspedion or audit of the Premises by itself or b) a qualified environmental consultant or engineer selected by Beneficiary and at the expense of Grantor or Maker, and Grantor liereb) grants to Beneficiary and its employees, agents, and independent contractors (hereinafter colkctivcly called "Beneficiary and its Representatives"). the right to enter the Premises upon reasonable notice for the purpose of conducting, whether bcfm or after default. any inspection, audit or tests, making soil borings, extracting samples, installing monitoring wells, and conducting such other prucedures as Beneficiary and its Representatives deem necessary or desirable in connenion with such inspection or audit. 7,03 Indemnification. Grantor and Maker, jointly and severally, shall indemnify and hold harmless Beneficiary from and against at[ losses. expenses (including, without limitation, attorneys' fees) and claims of every kind suffered by or asserted against Beneficiary as a direct or indirect result of (i) the presence on or release from the Premises of any Hazardous Material, whether or not caused by Grantor or Maker, (ii) the violation of Environmentat Laws applicable to the Premises, whether or not caused by Grantor or Maker, (iii) the requirement to conduct any remediation of Hazardous Materials from the Premises, (iv) the failure by Grantor or Maker to comply fully with the terms and provisions of this suction, or (v) any warranty or representation made by Gramor or Maker in this section being false or untrue in any material mpect_ 7.04 Definitions. Survival of Provisions "Hazardous Material' means polychlorinated biphenyls, petroleum, flammable explosives. radioactive materials. asbestos, lead and any hazardous, toxic or dangerous waste. substance or material defined as such in (or for purposes or) Environmental Laws or listed as such by the Environmental Protection Agency, "Environmental Laws" means any current or future federal, state at local law, regulation or ruling applicable to environmental conditions on, under m about the Premises including, without limitation the Comprehensive Environmental Response. Compensation and Liability Act, the Resource Conscnaiion and Recovery Act. the Toxic Substances Control Act and the Clean Water Act. Grantor's and Maker's ohligations under this section shall survive the repayment of the Note and other Obligations, a foreclosure of or exercise of power of sale under this Deed of Trust, a delivery of a deed in lieu of foreclosure. a cancellation or termination of record of this Deed of Trier and the transfer of the Premises. Section g, Execution by Parties Other Than Maker or Obligations. Any Grantor who executes this Deed of Trust but does not execute the Note (or other Obligations) has executed this Deed of Trust only to subject whatever 4fterest, if any, such Grantor has or may hereafter have in the Premises to the lien of this Deed of 'trust, has no personal liability under the Note (or other Obligations) or under this Deed of Trust (whing herein limits or affects such Grantor's liability to Beneficiary tntder any separate guaranty or a% other instrument), and agrees that Beneficiary and any other Grantor hereunder and Maker may extend, modify, t'orbear. or intake any other accommodations with regard to the terms of this Deed of Trust or the Obligations without such Grantor's consent and without releasing such Grantor hereunder or modifying or affecting this Deed of Trust as to such Grantor's interest in the Premises. Section 9. Assignment of Rents, Leases, mad Profits. As further security for the payment of the Obligations and for the faithful performance of all the covenants, agreements, terms and provisions of this Deed of Trust, Grantor hereby sells, transfers and assigns unto Beneficiary all the right, title and interest of Grantor in and to the Rents a„ d Security Dcposits, and to that end GramOr hereby assigrs and sets over unto Beneficiary all Leases of the Premises now made, executed or delivered, whether written or verbal, or hereafter made, whether written or verbal, and Grantor does hereby authorize and empower Beneficiary to colied the Rents when due. and does hereby dirod each tenant of the Premises to pay the Rents to Beneficiary, upon demand for payment thereof by Beneficiary; it being understood and agreed, however, that no such demand shall be made absent the occurrence of an Event of Defouh hereunder, and until such demand is made. Grantor is authorized to collect or continue collecting the Rents; such privilege to collect or •4- onitinnr col lcctinp the Items by Cr5n9 shall ntN op rratc, r9 3vcr, to permit the collection of any Rents more than thirty (301 days in advance ul' ihcir due date. It is intended that the assignment set torah above be an absolute, present assignment from Grantor to the little liciary and not merely the passing of a security interest The rents, issues, income and profits we hereby assigned absohtely by Grantor to the Heneficiary contingent only upon the occurrence of an Fvent of Default, Grantor will promptly and fully keep, perform and connply with all the terms and covenants imposed upon or assumed by Grantor as laridkxd under the I cocas and will not do, permit amihing to be done, or omit or refrain from doing anything, the doing or omission of which will entitle arty tenant to terminnte any of the Leases. Grantor, if requested by Beneficiary, shall furnish promptly to Beneficiary executed copies of all Leans, renewals, or amendments now existing or hereafler created, all of which shall bit subject to die approval of the Beneficiary. section 10. Righl to Cure; Protection of Security. If Grantor or Maker, as apglicabk, shall fail in any of the covenants and provisions contained in this Deed of Trtm, Beneficiary may (but shall not be obligated to) take any action Beneficiary deems necessary or desirable to prevent or cure any such defauh or failure. Berieficiary shall have the right to enter upon the Premises to such extent and as often as Beneficiary, in its sole discretion, deems necessary or desirable in order to prevent or cure any such default or failure by Grantor or Maker, as applicable. Beneficiary may expend such sums of moray as Beneficiary, in its sek discrcl ion, deems necessary for any such purpose, and Grantor and Maker, jointly and severalty, hereby agree to pay to Beneficiary, immediately upon demand, all seems so expended by Beneficiary, together with interest thereon from the date of each such payment at the rate provided for in the Note. All sums so expended by Beneficiary, and the interest thereon, shall be added to and secured by the lien of this Deed of Trust. Section 11. Condemnation. Upon condemnation of the Premises or any put thereof. this Deed of Trust shall become a lien, charge and encumbrance upon the proceeds or award realized as a result of any such proceeding or of any settlement or payment made in tieu of any such proceeding ("Condemnation Proceeds"'). Grantor hereby grants to Benefrciuy a security interest in airy Condemnation Proceeds and hereby agrees to execute such further assignments of the Condemnation Proceeds as Beneficiary may require. Grantor further covenants and agrees that Beneficiary may (and is hereby authorized and empowered but not required to) collect and receive any Condemnation Proceeds and, if received by Grantor, Grantm shall pay over and deliver immediately to Hnefciary all Condemnation Proceeds to be held by Beneficiary and applied as follows: (a) In the event the entire Premises shall be taken by condemnation or in settlement of any threat of condemnation, then any Condemnation Proceeds shall be paid to Beneficiary and applied in payment in whole or in pan to the Obligations, whether or not then due and payable, and any excess shall be delivered to the parties legally entitled thereto. In the event of a partial taking of the Premises, the portion of the Condemnation Proceeds necessary to prevent impairment of the security of this Deed of Trust a$ determined in the Beneficiary's sole discretion, shall be set aside, withheld or paid over to the Beneficiary and applied to the Obligations, whether or not Ihen due and payable. and the excess of such award or proceeds shall be delivered to Grantor or other panics legalty entitled Itnereto. Upon any partial taking of the Premises. this Deed of Trusl shall continue in full force as security for the unpaid portion of the Obligations. Upon any partial taking of the Premises. Grantor covenants with Beneficiary to restore the Pranises as nearly as possible to the condition thereof immediately prior to such taking and to apply Grantor's portion of any Condemnation Proceeds together wish any other necessary funds to complete and pay for the costs of restoration. (b) Notwithstanding any contrary provision of this Deed of Trust, (i) upon condemnation of the entire Premises, or (ii) if it shall at any time be determined that N.C. Gen. Stal. See 40A.68 shall for any reason be unenforceable or inapplicable to this Deed of Trust, upon partial condemnation of the Premises, the entire unpaid balance of the Obligations shall, at the option of Berieftciltry, at once become due and payable, whereupon any Condemnation Proceeds shall be paid over to Beneficiary and applied in accordance svilh the first sentence of subparagraph (a) of this Section 11. Section 12. lespection. Beneficiary may inspect the Premises at all reasonable times, and access thereto shall be permitted for that purpose to Beneficiary and its represematives. Section 13. Events or Default. The following shall constitute defaults or events of default hereunder ("Events of Ihfaull" ); (a) Failure by Maker to pay when due any paymeaL of interest, principal, principal and interest. Commitment fees, deposits or other paymenis which are due and payable under the Note, or the other Obligations, this Deed of Trust or any documents executed to connection therewith or as security therefor. (b) Failure by Grantor or Maker to keep, perform or obsme any covenanl, term or condition requited to be kept, performed or observed by Grantor or Maker under this Deed of Tntst, the Note, any of the otter Obligations, or Lary documents executed in connection therewith or as security therefor. (c) If Grantor, Maker or any general partner or member or manager thereof or any guarantor (i) riles a petition or has a petition filed against it under the Bankruptcy Code or any proceeding for the relief of insolvent debtors; (ii) general ty fails to pay Us -S- dchts as +Itch (Jehl% hectmic due: (iii) has a custodian appointed for Grantor, Maker or any general partner on member or manager Ihcrcol' or a guarantor or any gene"I partner Br ix-mb4 or manager thereof or for substantially all of the assafa of any thereaf. (iv) heneftts from or is subjecftoihe'eniry of an order for relief by any court of insolvency: (v) makes an admission of insolvency seeking the relief provided in the Bankruptcy Code or any other insolvency law; 00 makes an assignment for the benefit ofcredhom; (vii) has a receiver appointed, voluntarily or otherwise, for its property: (viii) suspends business; (ix) permits a jtudgrrwit in the amount of S5.00f) or more to be obtained against it which is not promptly paid or promptly appealed aril secured pending appeal; or (K) becomes insolvent, however otherwise evidenced. (d) If any representation, warranty or certificate given by Grantor, Maker, any guarantor, or arty other petty granting a security interest in or a lien upon any collaleraI for the Obligations, in connection with the Obligations or any commitment therefor or at any time hereaBer required to be given by Grantor. Maker, any guarantor, or any other party granting a security irnerest in on a lien upon any collateral for the Obligations hereunder shall be false or erroneous in any material respect when made. (e) A breach of or a failure of performance by Grantor. Maker. an) guarantor, or any other party granting a security interest in or a lien upon any collateral for the Note of any provision of or the occurrence of any default under the terms and provisions of any documents, instruments, security agreements, mortgages or deeds of trust granting security interests it or liens upon the Premises Or any part thereof, whether prior to or subordinate to the lien of this feed of Trust. (f) Any attempted forfeiture action or enforcement of or realization upon any security interest, lien, encumbrruxr, charge or judgment all'ecling the Premises or any part thereof, whether prior io ar subordinate to the lien of this Deedaf Trust. (g) Any actual or threatened demolition or injury or waste to the Premises which may impair the value of the Premises. Section 14, Acceleration. If an Event of Default shall have occurred, the Obligations shall, at the option of Heneficiam. immediately become due and payable without further notice of demand, time being of the essence of this Deed of Trust; and no omission on the part of Beneficiary to cxI rcise such option when entitled to do so shag be construed as a waiver of such right. Section 15. Power of Sale, Upon the occurrence of an Event of Defauh, Beneficiary may notify Trustee to exercise the power of sate granted hereunder and upon such notification it shall be lawful for and the dory of Trustee, and Trustee is hereby authorized and empowered to expose to sale and to sell the Premises or any pan thereof m public sae to the highest bidder for cash, in compliance with applicable requirements of North Carolina low governing the exercise of powers of sak contained in deeds of trust and upon such sale. Trustee shall collect the purchase proceeds and convey title to the portion of the Premises so sold to the purchaser in Ice simple. In the even) of a sale of the Premises or any pan thereof, the proceeds of sale shall be applied in the following order of priority: (i) to the payrnem of all costs and expenses Car and in connection with such sale, including a commission for Trustee's services as hercinaller provided and reasonable allomeys' fees incurred by Trustee for legal services actually perforated; (ii) to the neirnbumcmeni of Beneficiary fix atl sums expended or incurred by Beneficiary under the terms of this Deed of Trust or to establish, preserve or enforce this Peed of Trust or to collect the Obligations (including, without limitation. reasonable attorneys' firs); (iii) to the payment of the Obligations and interest thereon and all other indebtedness hereby secured; and (iv) the balance, if any, shall be paid to the parties lawfully entitled thereto. to the event of a sale hereunder, Beneficiary shall have due right to bid at such sale and shall have the right to credit all or any pan ion of the indebtedness secured hereby against the purchase price. Trustee shall have die right to designate the place of sale in compliance with applicable law and the sale shall be held at the place designated by the notice of safe. Trustee may require the successful bidder at any sale to deposit immediately with Trustee cash or certified check or cashier's check in an amount up to five percent (5%) of the bid provided notice of such deposit requirestenl is published as required by law. The bid may be rejected if the deposit is not immediately made. Such deposit shall be refunded in tale of a sae to another purchaser pursuant to an upset bid or if Trustee is unable to convey the portion of the Premises so sold to the bidder because the power of sae: has been terminated in accordance with applicable law. if the purchaser fails to comply with its bid, the deposit may, at the option of Trustee, be retained and applied to the expenses of the sale and any resales and to any damages and expenses incurred by reason of such default (including the amount that such bid exceeds the final sales price), or may be deposited with the Clerk of Superior Court. In all other cases. the deposit shall be applied to the purchase price. Pursuant to Section 25-9-501(4) of the North Carolina General Statutes (or any amendment thereto), Trustee is expressly authorized and empowered to expose to sale and sell, together with the real estate, an)portion of the Premises which constitutes personal property, If personal property is sold hereunder, it need not be la the place ofsale. The Premises may be sold in such parcels or lots without regard to principles of marshalling and may be sold at one sale or in multiple sales. all as determined by Trustee. A previous exercise of the power of sale hereunder by Trustee shall not be deemed to extinguish the power of sale which power of sale shall continue in full force and effect until all the Premises shall have been finally sold and properly conveyed to the purchasers at the sale. The Trustee shall be entitled to a reasonable commission for a completed or uncompleted foreclosure. 6- 259'r olgs Section 16 Delay Not to Operate as Waiver; lademaifheatino of Trustee sod Benefciary. No delay or forbearance by Ilenvilciary in exercising any rights hereunder or otherwise afforded by law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder, and all such rights shall be cumulative. In case Beneficiary or 1'ruslee voluntarily or otherwise shall become a party to any suit or legal proceeding to protest the Premises or the lien of this feed of Trust, Trustee and Beneficiary shall be saved harmiess and recnbtuied by Gramor and Maker for arty amowtts pall, including all reasonable costs. charges and attorneys' fees incurred in any such suit or proceeding. which obligaticrts shall be secured by this [geed of'rrusm. Scclim t7. Waivers. Grantor and Maker hereby waive any rights rhr remedies on accourr of any extertskm of time, releases granted ur other dealings between Beneficiary and any subsequem owner of the Premisesas said activities are contemplated or otherw ise addressed in N.C. Gen. Stat. Sec. 4545.1 or any similar or subsequent law. The foregoing waiver shall not be eonststied as affecting or otherwise amending the covenants of Grruuor contained in Section 6 hereof. Grantor and Maker waive the benefit of all laws now existing or that hereafter may be corseted providing for (i) any appraisemem before sale of any portion of the Premises and 0i) in any way extending the time for the enforcement of the collection ofthe Note or the debt evidenced thereby or any of the other Obligations. To the full extent Grantor and Maker may do so. Grantor arid Maker agree that Grantor and Maker will rat at any time insisl upon, plead, claim or seek to take the benefit or advantage of any law now or hereafter in force providing for any exemption I including homestead exemption). appraisement. valuation_ stay. extension, redemption or extensichrh, and Grantor- Maker, Grhsntor's and Maker's heirs. devisees, representatives, successors and assigns, and for any and all persons claiming any interest in the Premises, to the extent permitted by law, hereby waive and release all rights of valuation. appraisemem, redemption, stay of execution, notice of election to mature or declared due the whole of the secured indebtedness and marshalling in the event of foreclosure of the liens hereby created, Grantor and Maker further waive any and all notices including, without limitation, notice of intention io accelerate and of acceleration of the Obligations. Section Is. Interest Not to Exceed Maximum Allowed by LAw. Time parties hereto shall in rho event be deemed to have contracted for a greater rate of interest than the maximum rate permitted bylaw. Sbould a greater amount be collected, it shall be construed as a mutual mistake of the parties and the excess shall be returned to the party paying same. Section 19. Escrow of Taxes, Insuramet. The Grantor, in order to more fully protest the security of this Deed of 'Trust, agrees that in addition to the scheduled payments of principal andlor interest, as the car may be, under the tents of the Noe or other Obligations. Grantor will, upon request of Berhefrciary, pay on the first day of each month, or on the due date of scheduled payments of principal and'or interest, to Beneficiary a sum equal to core -twelfth Of the known or estimated (by Bcncfuciary) yearly taxes, assessments and insurance premiums on or against the Premises. Section 20. Substitution of Trustee. Beneficiary shall at any time have the irrevocable right to remove Trustee herein named without notice or cause and to appoint its successor by an iostrurncnl in writing, duly acknowledged tad recorded. Section 21. Security Agreemenl. This Deed of Trust shall constitute a security agreement pursuant to the Uniform C'onnuercial Code for any items constituting a part of the Premises which. under applicable law, may be subjected to a security irrerest pursuant to the Uniform Commercial Code, and Grantor hereby grants Beneficiary a security interest in such items. Without the prior written consent of Beneficiary. Grantor shall no creole or suffer to be created any other security interest in such items, including replacements and additions thereto. In exercising such remedies. Beneficiary may proceed against the real property and personal property described herein separately or together and in any order wtmsocver, without in any way affecting the availability of Renef iciaW s remedies under the Uniform Commercial Code or herein. This Deed of Trust shall constitute a Financing statement filed as a fixture filing in accordance with N.C. Gen, Stat. §25-9402 (or any amendment thereto). For purposes of complying with the requirements of N.C. Gen. Star. §25-9402, the name of Grantor, as Debtor, and Beneficiary, as Secured Party, and the respective addresses of Grantor, as Debtor, and Beneficiary, as Secured Party, are set forth on the first page of this Deed of Trust; the types or items of Collateral are described in this Section and in the definition of the -Premises" appearing in the granting clauses of this Deed of Trust: and the description of the Land is set forth on Exhibit "A" attached hereto. The Col lateral is or includes fixtures. In case any one or more Events of Default under the Note, other Obligations wWor this Deed of Trust shall have occurred atrhd be continuing beyond any applicable cure period therefor, the Beneficiary stall have, in addition to all other rights and remedies given to it by this Deed of Trust. those allowed by law, and the rights and remedies of a secured parry tinder the Uniform Commercial Code as enacted and in effect in the applicable jurisdiction. Without limiting the generality ofany rights and remedies conferred upon the Beneficiary under this Paragraph 21, the Beneficiary may, to the full extent permitted by law: (a) Ewer upon the Premises, exclude therefrom Grantor or any affiliate (hereof, and take immediate possession of the Improvements, either personally or by means of a receiver appointed by a court orcompetrnt jurisdiction, using all lawful, necessary force to do so; (b) Use, operate, manage and control she Improvements in any lawful manner; (c) Collect and receive all rents, income, revenue, earnings, issues and profits therefrom; and W Maintain, repair. renovate, alter or remove the Improvements as the Beneficiary may determine in its discretion, and any monies so collected or received by the Beneficiary shill be applied to, or may be accumulated for applicittion upon, satisfaction of the Note or any other sums secured by this Deed of Trust. -7- Section 22. Sbecitsorsrand Assigns. The covenants, terms and conditions herein contained shall bind, and the benefits and powers shall inure to the respective heirs, executors. administrators, staccessors and assigns of the parties hereto. Whenever used herein, the singular number shall include the plural. the plural the singular, and the term "Beneficiary" shall include my payee of the indebtedness hereby secured and any transferee or assignee thereof. whether by operation of law tx otherwise. Section 23. Governing Law. This Deed of Trust shall be governed by and construed in accordance wilt rho laws of the Stale of North Carolina without regard to principles ofeonfliet of laws. Section 24. Severabilily. If any provisions of this Deed of Trust or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent under applicable law, the remairder of this Deed of Trust and the application of such provisions to other persons or circumstances shall that be affected drereby and shall be enforced to the greatest extent permitted by law. Section 25. Replacement of Note. In the event of loss, theft, destruction, total or partial obliteration, mutilation or inappropriate cancellation of the Note, Maker will execute and deliver, in lieu thereof, a replacement Nole. identical in form and substance to the Note and dated as of the date of the Note. Section 26. indemnity. Gramor and Maker, jointly and severally, shall protect, defend, indemnify and save harmless Beneficiary from and against all liabilities, obligations, claims. damages, penalties, causes of action, costs and expenses (including attorneys' fees and expenses) imposed upon or incurred by the Beneficiary by reason of(a) any claim for brokerage fees or other such commissions relating to the Premises or the Note or any other Obligations, or (b) the condition of the Premises. or (c) failure to pay recording, mortgage, intangibles or similar taxes, roll back taxes, fees or charges relating to the Note or any one or more of the Loan Documents, or (d) the Loan Documents or any claim or demand whatsoever which may be asserted against the Beneficiary by reason of any alleged action, obligation or undertaking of the Beneficiary relating in any way to the Note ur matter contemplated by the Loan Documents. or (e) any and all liability arising from any of the Leases or any negligence in the managemem, operation, upkeep, repair or control of the Premises resulting in loss or injury or death to any tenant, occupant, licensee, employee or stranger. In the event the Beneficiary incurs any liability, loss or damage arising out of or in any way relating to the loan transaction contemplated by the Loan Documents (including any of the matters referred to in this section), the amounts of such liability, loss or damage shall be added to the Note, shall bear interest at the interest rate specified in the Note from the date incurred tmtil paid and shall be payable on demand. Section 27. Grealer Estate. In the event that Grantor or Maker is the owner of a kasehold estate with respect to any portion of the Premises and Grantor or Maker obtains a fee estate in such portions of the Premises, then, such for estate shall automatically, and without further action of any kind on the pan of the Grantor or Maker, be and become subject to the security title and lien hereof. Section 28. Headings. The headings of the sections, paragraphs, and subparagraphs of this Deed of Trost are for the convenience of reference only. are not to be considered a part hereof and shall not limit or otherwise affect any of the terms hereof. Section 29. Addendum. The terms and provisions of arty addendum attached hereto are incorporated herein by reference and made a part hereof. IN WITNESS WHEREOF. Grantor and Maker have caused this Deed of Trust to be executed under seal the day and year first above written. BORROWER: MYRTLE G VE BUST 'SS PARK, LLC By: (SEAL) Curtis E. Palmer, Member/Manager By: Gulf Stream Shopping Center Properties. LLC. Member/Manager of MYRTLE GROVE BUSINESS PARKALC By: See Slftaature Pace (SEAL) Jon T. Vincent, Managet .g. COOK P1.cZ SIGNATURE GE 9 9 ? WACHOVIA NK, N SS00,000.00 - Jntae 1"9 GULPST SH PING CENTER PROPERTMS, LLC. BY: (SEAL) uo6!Maea:er IS (# NORTH CAROLINA. INC., Member Ly�h R• Ward, Aubtaal Secretary DAJO, r BY (SEAL) •1WIcbael Davis, President A BY (SEAL) Richard Wheeler, Secretary LAKERR INVESTMENTS, LTD., Member BY: M C ( (SEAL) Grego0y C. Kerr, Presideat ATTES SEAL) Don R. Latham, Secretary SFr\ MIST INVESTMENTS, INC., Member BY: �! / (SEAL) eKialey Du resident ATT D BY• (SEAL) Victoria L Dull, Secretary 'PO4 . U 3:�4ti�.1 si Po ;jt BOOK PACE a n, ;,9 STATE OF NORTH WO INA, COUNTY OF HIN HANOVER I, a Notary Public of the County and State aforesaid, do hereby certify that Jon T. Vincent personally appeared before sa this day and acknowledged that he is Manager of Gulfstreas Shopping Center Properties, LLC, a limited liability company, and further acknowledged the due execution of this Deed of Trust on behalf of the limited liability company. Witness my hand and official seal, this 24th day of JunLit"I 90"' ' r �'otary 1 pTARr My commission expires: 1-z2-zm _S s — — s~�: AUBL1Gr r STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER s.. 1, a Notary Public of the County and State aforesaid, ceLgt3iat Lynn R. Ward personally came before me this day and acknowledged that she is the Assistant Secretary of Gulfstream Foods of NC, Inc., a North Carolina corporation, a member of Gulf stream Shopping Center Properties, LLC, a limited liability company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Assistant Secretary, on behalf of the limited liability company. Witness my hand and official seal, this 24th day of June'„AQ�9. Notary P 1 �t�OTAfRr My commission expires:00 STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER �VElLIL'r f I, a Notary Public of the County and State aforesaid, c that Richard Wheeler personally cane before me this day and acknowledged that he is secretary of Dajo, Inc., a North Carolina corporation, a member of Gulfstream Shopping Center Properties, LLC, a limited liability company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him as its Secretary, on behalf of the limited liability company. Witness my hand and official seal, tart' Pu i'.' My commission expires: 7_m-A& a this the 24th da,rpg„�ysne, 1999. el oLl J. ov? y yF40 �g BOOK PACE _5S7 �z_6 STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER I, a Notary public of the County and State aforesaid, certify that Donald R. Latham personally cane before me this day and acknowledged that he is Secretary of LAXERR INVESTMENTS, LTD., a North Carolina corporation, a member of Gulfstream Shopping Center Properties, LLC, a limited liability company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by him as its Secretary on behalf of the limited liability company. Witness my hand and official seal, this the 24th day of otary P li = "ORARV. My commission expires: 17-22 816-1G}: STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER ''•.y7� «..✓N�;� I. a Notary Public of the County and State aforesaid, ceAITY'tfiat victoria L. Dull personally came before me this day and acknowledged that she is Secretary of SEA MIST INVESTMENTS, INC., a North Carolina corporation, a member of Gulfstream. Shopping Center Properties, LLC, a limited liability company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by her as its Secretary on behalf of the limited liability company. Witness my hand and gfficial seal, this the 24th day of June, 1999. i !/R� Notary PuoliW My commission expires: STATL Of NORTH CARoLuu New amonr Comity Tb. FagoW Am W CWi9W09) $ N-n (—+.) rwdw w .n ert!{rI b bi ammwL 7bi to 4 OM~ M 5Y D EXHIBIT A Pl�G� BCOX lir m Lcgel Description] BEING all SPUt 4 as shorn on the plat entitled "MYRTLE GR0VE BUsINESS pARK" recorded in Map Book 37 at Page 265 of the Office of the Register of Deeds of New Hanover County, reference to which is hereby made for a more particular description. TOGETHER WITH and subject to the Declaration of Covenants, Conditions and Restrictions for Myrtle Grove Business park as show in Book 2316 at Page 0399 of the New Hanover County Registry and amended in Book 2479 at Page 0506 of the Now Hanover County Registry, Myrtle Grove Business Park M (�,, IZl� Subject: Myrtle Grove Business Park From: "Nancy Beckley"<nancy.beckley@partitionsinc.com> Date: Thu, 22 Jan 2004 09:09:32 -0500 To: <Linda.lewis@ncmail.net> Hi Linda — I wanted to let you know that the reseeding is now complete on the retention pond. You may transfer the permit to us. Thank you for your help in this matter. Nancy Beckley 1 of 1 1/22/2004 9:48 AM OF W ATFR Michael F. Easley, Governor p William G. Ross Jr., Secretary ,OA North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E.,Director p Division of Water Quality ColeerLH. Sullins,_ Deputy Director. Division'& Water Quality December 9, 2003 Partitions, Inc. c/o Nancy Beckley, Office Manager 5654 Carolina Beach Road Wilmington, NC 28412 Subject: Transfer of Ownership Myrtle Grove Business Park Stormwater Project No. SW8 971218 New Hanover County Dear Ms. Beckley: The Division is in receipt of a copy of the development plans for Lot 4, and has requested a copy of the development plans for Lot 1 from Peter Dugan. I am holding off on officially transferring the permit until I know for certain that you are satisfied with Mr. Vincent's work to replace the Weeping Love Grass on the pond's slopes with the permitted seeding mixture. Please notify me when the grass has been replaced to your satisfaction, and I will officially transfer the permit to Myrtle Grove Business Park POA. Thank you for your patience and your willingness to take over this permit. If I can be any assistance or answer any questions about the permit or maintaining the pond, please do not hesitate to call me at (910) 395-3900 or email me at Linda. lewis(cb-ncmail. net. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:1WQSISTORMWATILETTERS1971218.dec03 cc: Phil Tripp, P.E. Linda Lewis N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 A NCDENR P. 1 ` COMMUNICATION RESULT REPORT ( DEC. 9.3003 4:04PM ) TTI NCDENR WIRO FILE MODE —OPTION ADDRESS -- (GROUP) RESULT PAGE ------------------------------- -- 711 MEMORY TX ----- 9-7910782 OK P. 2/2 REASON FOR ERROR E-23 BUSY E-1) HANG UP OR LINE FAIL E-3) NO ANSWER E-4) NO FACSIMILE CONNECTION State of North Carolina Departrnc* of ET viromo l and Nat1 W Re9 =cs ,. Wilmington Regional Office Mio.haol F. Easley, Qovemor Wiftw G. Roes Jr., Secmtm FAX COVER STET Dat"e: No. Of Pages! 1 To:1 NoncuFrom: LjAaz Lgj;LjtS co} o146. co; w FAX #:_ '�� f -a gZ FAX#: REMARKS: 117 Cardinal Drivo >ractsutnu, W{ln lngtoA, N.C. UMS,t845 Tot 11fluo (910) 3954M Va (M) 3"54 An Shoal QWrtonity Alnrmative 44ae ftok M 5a3� ID .� LZ 4 A ul =09 O O� M W 4.4 Q �i aAi A 13 9 C N o �O� zwUw . ra U ti 0 - � d AHUr.� Acoustical Ccilinl; - Metal Studs • Drywall November 25, 2003 NOV 2 B 2003 BY:_ Ms. Linda Lewis C� NC Division of Water Quality 127 Cardinal Drive Extension / n� Wilmington, NC 28405 ' r RE: Notice of Inspection and Non -Compliance V Myrtle Grove Business Park Stormwater Project No. SW8 971218 Dear Ms. Lewis: As a follow-up to my letter to you dated 11-20-03, the items that have been addressed are listed below. • Development plans for Lot 4 are attached per your request. • 1 have spoken with Mr. Peter Dugan and has told me that he has completed and mailed the application for obtaining an offsite permit on Lot 1. • I am in receipt of your fax copy of the seeding detail for the retention pond. Mr. Palmer is reviewing and we will get back with you as to a completion date of the replacement of the correct permanent vegetation by December 12, 2003. Should you have any questions for me, please do not hesitate to contact me at 910-395- 1822. Respectfully Submitted, PARTITIONS, INC OIl'ice #eager 5654 Carolina Beach Road - Wilmington, NC 28412 - (910) 395-1822 - Fax (910) 791-0782 . .. � i"J.: I ,. .. BOOK PAGE It 1 ?622 09G4 STATE OF NORTH CAROLINA AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COUNTY OF NEW HANOVER FOR MYRTLE GROVE BUSINESS PARK THIS AMENDMENT to the Declaration made on the date hereinafter set forth by MYRTLE GROVE BUSINESS PARK, LLC, (hereinafter referred to as "Successor Declarant"), 00019, WITNESSETH: WHEREAS, the Successor Declarant has previously filed Covenants, Conditions and Restrictions for Myrtle Grove Business Park in Book 23 16 at page 389 and amended in Book 2479 at Page 506 of the New Hanover County Registry; and WHEREAS, Successor Declarant, pursuant to Article IX, Section 3 b. has the right to amend said Declaration; and WHEREAS, Successor Declarant desires to set forth with greater specificity the compliance which the lots must meet in connection with the North Carolina Storm Water Run Off Rules. NOW, THEREFORE, Successor Declarant does hereby delete Article Vlll, Section 2. "Compliance with Storm Water Run Off Rules", in its entirety and replaces the same with the following: ARTICLE Vlll SECTION 2. COMPLIANCE WITH STORM WATER RUNOFF RULES: All lots shall be subject to and comply with applicable storm water runoff rules which are applicable under state or local laws. a. The maximum built upon area per lot (in square feet) is: Lot I - 14,500; Lot 2 - 36,000; Lot 3 - 49,000; Lot 4 - 33,000, inclusive of that portion of the right of way between the lot line and the edge of t he pavement, structures, walkways of brick, stone or slate, including open wood decking. b. The covenants pertaining to storm water regulations may not be changed or deleted without concurrence of the State. C. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State. d. All run off from the impervious areas on the lot must drain into the permitted storm water system. This may be accomplished through providing roof drain gutters which drain into the street, drain -gutters which drain into the street, grading the lot to drain toward the street or grading perimeter swails and -directing them into the pond or street. Lots that naturally drain into the system are not required to provide these measures. IN WITNESS WHEREOF, the un ersigned, being the Successor Declarant herein, has caused this instrument to be executed, thelnday of August, 1999. MYRTLE GROVF,B SINESS PARK, LLC BY: N! Jon Vincent, Man ger .99 AUG 10 PIS 1 01, RECORDEO & VERIFIED MARY SUE DOTS, ..f;E_CISTER OF.Dri D5 r l - Rdam to AW2E and MacDONAW 217 N. 5th St, WI16n9tM NC 28401 BOOK PAGE STATE OF NOR'fl-1 CAROLINA 2622 0985 COUNTY OF NEW HANOVER 1, a Notary Public of the County and State aforesaid certify that ]ON T. VINCENT, personally came before me this day and acknowledged that he is the Manager of MYRTLE GROVE BUSINESS PARK, LLC, and executed the foregoing instrument for the purposes therein expressed for and on behalf of MYRTLE GROVE BUSINESS PARK, LLC. WITNESS my hand and official stamp or seal, this thellilL day of August, 1999. Notay Public My Commission Expires: G _ 1 _�� t ;s:^',at,.+'^ ;'•..`'Tk. • 4 .:,-:moo Q. STATE OF NORTH CAROLINA New Hanover County A`"s; lite Foregoing/ Annexed Certificate(s) of ^" Notary (Notaries) Public is/ are certified to be correct. Q This the / o day or 1s9� Mary Sue Oots, Register of Deeds by y.� A f ►�� t Daputy(Aseir"rrr' t a t STORMWATER RE C E I V ED AUG 1 "11999 DWQ PRW A F %NIA7- MicFiael'F. Easley, Governor_ aQ 9Q - William G. Ross Jr., Secretary -- _a� North Carolina Department of Environment and Natural Resources > - Alan W. Klimek, P.E.,Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality October 2, 2003 Mr. Curtis E. Palmer, Manager Myrtle Grove Business Park POA c/o Partitions, Inc. 5654 Carolina Beach Road Wilmington, NC 28412 Subject: Transfer of Ownership Myrtle Grove Business Park Stormwater Project No. SW8 971218 New Hanover County Dear Mr. Palmer: On September 29, 2003, the Division of Water Quality received a request to transfer the stormwater management permit for the subject facility and wet detention pond to you. One of the required documents, as listed on the reverse side of the Transfer Form, is a signed Operation and Maintenance plan. Mr. Vincent included a copy of the original that he signed back in 1997. However, since you will be the permittee, I need for you to sign the Operation and Maintenance plan. 1 left you a voice mail message this afternoon regarding the enclosed Operation and Maintenance plan, which you must sign, have notarized, and return to me in order to continue processing your permit transfer request. Additionally, an inspection of the project and the stormwater facility will be conducted in the near future. The consulting engineer, Phil Tripp, P.E., certified the pond in 1999, however, if routine maintenance has not been performed over the last 4 years, it is possible that a violation exists at the site, which will need to be cleared up prior to transferring the permit. If you have any questions, please do not hesitate to call me at (910) 395-3900. Sincerely, Linda Lewis Environmental Engineer RSSlarl: S:IWQSISTORMWATILETTERS1971218.oct03 cc: Jon Vincent Linda Lewis N. C. Division of Water duality 127 Cardinal Drive Extension (910) 395-3900 Customer Service Wilmington Regional Office Wilmin4ton, NC 28405 (910) 350-2004 Fax 1 800 623-7748 ANCDENR Ms. Linda Lewis SW8 971218 Page 2 Please review for approval and contact us with questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. Phillip G. Tripp, P.E. Enc. State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office James B. Nunt, Jr., Governor Wayne McDevitt, Secretary Division of Water Quality February 9, 1998 Mr. Phil Tripp, P.E. Tripp Engineering 507 Chestnut Street Wilmington, NC 28401 A74• NCm[Rh'ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: ACKNOWLEDGEMENT OF RECEIPT AND REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 971218 Myrtle Grove Business Park New Hanover County Dear Mr. Tripp: The Wilmington Regional Office received a Stormwater Management Permit Application for Myrtle Grove Business Park on December 5, 1997. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: Relabel the forebay section to the "Pond &" Forebay Section. 2. Relocate the 6:1 vegetated shelf to just below the permanent pool. 3. Add the design depth of the pond to the Operation and Maintenance Plan. 4. Delineate all wetlands on site, or note on the plans that none exist. 5. Locate the pond in a recorded access/drainage easement. 0. 6. Dimension all sides of the figure created by the permanent pool. 07. Provide Attachment A Iimiting the BUA for the lots. 8. Add the dimensions for the building, parking and walks for Lot 1. 9. Provide a split road entrance detail. 10. Conservatively calculate the available volume in the-forebay. Do not oversize the forebay. 11. Indicate the bottom elevation of the forebay on the section detail. 127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone. 910-395-3900 FAX 910-350-2004 An Equal opportunity AfPir-inative Action Employer 50% recycled110% host -consumer paper Mr. Tripp Febnary 9, 1998 Stormwater Project No. SW8 971218 Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to March 9, 1998, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, '�� C'�� ezz_'�- Ms. Linda Lewis Environmental Engineer RSS/arl: S:IWQSISTORMWATIADDINFO1971218.FEB CC' Linda Lewis Central Files 127 Cardinal Dr. Est., Wiln►ington, North Carolina 28405 Telephone 910-395-3900 FAX 910-350-2004 An Equal opportunity Affirmative Action Employer 50% recycledAIM post -consumer paper TRIPP ENGINEERING, P.C. 507 Chestnut Street Wilmington, North Carolina 28401 Phone: (910) 763-5100 • Fax: (910) 763-5631 'tECEI VED DEC 0 5 1897 December 4, 1997 NCDEHNR Division of Environmental Management Water Quality Section 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Myrtle Grove Business Park New Hanover County, NC TE No. 97079 Dear Linda: Enclosed please find two (2) sets of plans, two (2) sets of sealed calculations, one pond maintenance agreement, one (1) signed application form, and one (1) check to cover the application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. Phillip G. Tripp, P.E. PGTljss STATE OF NORTH CAROLINA Department of Environment and Natural Resources WIRO Regional Office r' FILE ACCESS RECORD 2 SECTION SWP TE/TIME /%7 NAME /� Q �REPRESENTING �CG� Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.m. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You. must specify files' you want to review by facility name or incident number, as appropriate. The number of files that you may review at one appointment will be limited to five. _ - 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is -no charge_for 25 or less copies.: cost mr-copTafter the initial 25 is 2_5 per copy_. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be Kept in the order you received them. Files may not be taken from the office. No briefcases, large totes, etc, are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 6. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME COUNTY 2. 3. 4. 5. Signature ame'of Fi o Business Date Time In. Time Out (Please attach business caro' to form if available) # Copes: Amt. Pd: / STATE OF NORTH CAROLINA ' Department of Environment and Natural Resources WIRO Regional Office ' r . FILE ACCESS RECORD SECTION SWP DATE/TIME NAME REPRESENTING Guidelines for Access: The staff of the Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment for file review so you can be accommodated. Appointments are scheduled between 9:00 a.m._and 3.00p.m. Viewing time ends at 4:45 p.m_ Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You. must specify files you want to review by facility name or incident number, as appropriate. The number.of files that you may review at one appointment will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. There is no charge for 25 or less copies.: cost per copy _after the initial 25 is 2.5 per copy_. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order you received them. Files may not be taken from the office. No briefcases, laLge totes, etc. are permitted in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with GS 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. fi. The customer must present a photo ID, sign -in, and receive a visitor sticker prior to reviewing files. FACILITY NAME 1 2 3 4 5 Signature/Name'of Firm or Business Date (Please attach business card to form if available) # Copes: Amt. Pd: COUNTY Time In. Time Out � R4) o 0 PV v : m