20211150 Ver 1_Shoreline Stabilization_20210726

Submission Form
Pre -Filing Meeting Information
Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able
to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance
with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall
request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5)
all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying
authority at least 30 days prior to submitting the certification request. Click here to read more information on when this
form is needed prior to application submission or here to viewthe form.
Attach documentation of Pre -Filing Meeting Request here:
Pre -Submittal Meeting Request Dredge.pdf 1.13MB
Pre -Submittal Meeting Request Shorchne.pdf 1.13MB
Pre -fling Meeting or Request Date 6/22/2021
ID# Version
I. Applicant Information [15A NCAC 02H .0502(a)]
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Primary Contact Email * [e-mail]
Rease provide an er ail address for payment and requests for more infornation here.
Owner Information:
Name:' Angelo Saake and Summer Shivers
Email:* [e-mail]
Phone Number:* [phone]
(xxx)xxx-xxxx
Mailing Address:* Street Address
P.O. Box 1000
Address Line 2
City
State / Frovince / Region
Davidson
NC
Rbstal / Zip Code
Country
28036
US

Is there an agent working on the
project? *
Agent/Consultant Information
.................................................................................................................
Name:
Company Affiliation:*
Email:
Phone Number:*
Mailing Address:*
F Yes
f^ No
Janice Estep
CBC Stone & Recycling, LLC
[e-mail]
[phone]
(XXX)XXX-XXXX
Address
638 Oakridge Farm Hwy.
Address Line 2
City
Mooresville
Fbstal / Zip Code
28115
Asigned and dated copyof the Agent Authorization letter:*
Auth. Form.pdf 528.84KB
Link to: Sample Agent Authorization Form
Project Information [15A NCAC 02H .0502(a) & (b)]
Project Name:* Saake Shoreline and Dredge
State / Province / Region
North Carolina
Country
United States
If your project has a formal name please use this. If your project does not hake a formal name, please identify your project by
the owner name and proposed activity (Jones Property Access Road, Smith Guest House, etc.) List in parentheses any
other names that have been used to identify the project in the past.
1. Provide a vicinity map (i.e. street map) clearly showing the location of the property with respect
to local landmarks such as towns, rivers, and roads.*
r Upload File
r Lookup address
Upload Map: plat.Survey.pdf
Vicinity Maps.pdf
Directions.pdf
Latitude:* 35.610640
2.16MB
6.79MB
715.65KB
Longitude:*-80.901027
2. Provide a detailed site plan showing property boundaries and proposed locations of vegetation clearing,
structures (buildings, retaining walls, docks, impervious surfaces, etc.), rip rap, excavation or dredging
below Full Pond/ Normal Water Level elevations, and construction access corridors. You may use the
diagram under section 12.normal pool lake level/normal water level*
Site Plan.pdf 1.04MB
Buffer Form.pdf 903.68KB
Please use the diagram at the link below:
https://edocs.deq.nc.gov/WaterResources/0/edoc/616616/Shoreline%20Layout.docx

3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale of some sort- a
yard stick, shovel handle, etc.)*
Dredge Area Pic s.pdf 6.89MB
Shoreline Pic.pdf 3.11MB
4. Location of the property (where work is to be conducted)
Nearest Town:* Mooresville
County:* Iredell
Lake/ river/ ocean adjacent to Norman
property:
Subdivisions name or site address:* 492 Normandy Rd. Mooresville, NC 28117 Lot 1097 Crescent Land &
Timber Corp.
Include phasellot nunber
Directions to site:*
610 E Center Ave
Mooresville, NC 28115
Head south on Evergreen St toward E Center Ave
13 s (197 ft)
Take Cornelius Rd to 1428/Normandy Rd
17 min (8.6 mi)
Turn right onto E Center Ave
381 ft
Turn right onto E Statesville Ave
1.2 mi
E Statesville Ave turns slightly right and becomes NC-115 N/N Broad St
Continue to follow NC-115 N
1.4 mi
Turn left onto Connector Rd
0.8 mi
Continue onto Cornelius Rd
3.8 mi
Turn left onto Perth Rd
1.3 mi
Turn right onto 1428/Normandy Rd
Continue to follow Normandy Rd
Destination will be on the right
3min (1.6mi)
492 Normandy Rd
Mooresville, NC 28117
Rease include road narres and nunbers, landmarks etc.
5. Describe the existing land use or condition of the site at the time of this application:*
Residential
Fbsidential, undeveloped, etc.

6. Property Size 1.41 acres
Acres
7. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary):
Dredge a 40' x 50' area at dock and dredge a 233' x 15' "V" channel.
There is already an existing channel dredge, cut will be done to widen
channel. Push down existing stone on shoreline. Reshape and re -slope,
install matting and add fresh layer of rip rap to refresh existing
stabilization.
8. How will the work be done?* W From Land
17 From Water
9. Total amount of disturbance below the normal pool lake level/ normal water level:*
(including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
4' below on
shoreline (260 sf)
712 cubic yards
below for dredge
square feet
10. Total amount of disturbance above the normal pool lake level/ normal water level and 50 feet
land -ward:*
(including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
F above on
shoreline (65 sf) 0'
above for dredge,
10' x 50' access
corridor (500 sf
temp. impact)
square feet
11. Please describe the vegetation above the normal pool lake level/ normal water level and 50 feet
landward to be impacted:*
(nunber of trees, for instance)
Grass buffer, no trees removed, minimal disturbance to buffer
Sketch: Dredge Application.pdf 23.49MB
Dredge Spoils Info.pdf 8.29MB
Sketch.pdf 438.54KB
Application Fee:
Once the application has been accepted. You will need to send a corresponding fee in with the appropriate DWR#. The
application fee is as follows (pursuant to G.S. 143-215.3D):
0 $240.00 for impacts to lake (below normal water level) of less than 1 acre
0 $570.00 for impacts to lake (below normal water level) of greater or equal to 1 acre
By digitally signing below, I certify that:
0 I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief
0 I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
0 I agree that submission of this Shoreline Stabilization online form is a "transaction" subject to Chapter 66, Article 40 of
the NC General Statutes (the "Uniform Electronic Transactions Act");
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act");
0 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a written

signature; AND
o I intend to electronically sign and submit the Shoreline Stabilization online form.
Full Name:* JaniceFstep
Signature:

Initial Review
Is this accepted into the review
process?*
Project Number:* 20211150
Select Reviewer:*
Select Reviewing Office
Has payment been received?*
What amount is owed?*
rYes allo
Version:* 1
Alan Johnsomeads\adjohnsonl
Mooresville Regional Office - [phone]
r No Payment Needed
r Fee Received
r Need Fee - send electronic notification
r $240.00
f $570.00

PROPERTY LEGAL DESCRIPTION:
LOT NO. 10 9% PLAN NO.
STREET ADDRESS:
Please print:
Property Owner:
Property Owner: CAM
PARCEL ID: _ L/�k_ 3 � =1 f ;� a 5 U
The undersigned, registered property owners of the above noted property, do hereby authorize
1QXi►CP —�44P1 ofC �FOYIe ('Dfl(°�j1
(Contractor j Agent) (Name of consulting fi )
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Telephone: 704- LIr,�-- 6.9(q
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge,
( �" 0 f,--
Autt orized Signature
Date: ;11-7 ,_ e, 3x 1
A orized Signature
Date: s= /f� /C' 2. 1

a a<"'
�i
= S.
5 `: � -,� -

�FA
�Wbh

Contact Name *
Contact Email Address
Project Owner*
Project Name*
Project County*
Owner Address:*
Is this a transportation project?*
Janice Estep
[e-mail]
Angelo Saake and Summer Shivers
Saake Dredge
=L0I',
Street Address
492 Normandy Rd.
Address Lire 2
city
Mooresville
Fbstal I Zip Code
28117
r Yes r No
Type(s) of approval sought from the DWR:
r- 401 Water Quality Certification - I'— 401 Water Quality Certification -
Regular Express
l- Individual Permit r Modification
W Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
State I Rovince I Region
NC
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*
Dredge a 40' x 50' area around dock and a 15' x 233' V channel for
boat access. Dredge by barge, haul material off by land
By digitally signing below, I certify that 1 have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.

Signature *
Submittal Date 6/1012021

Contact Name *
Contact Email Address*
Project Owner*
Project Name *
Project County*
Owner Address:*
Is this a transportation project?*
Janice Estep
[e-mail]
Angelo Saake and Summer Shivers
Saake Shoreline
Iredell
Street Address
492 Normandy Rd.
Address Line 2
(Ity
Mooresville
Postal / Zip Code
28117
r Yes r No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - l— 401 Water Quality Certification -
Regular Express
r- Individual Permit r Modification
W Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes r No
State / Rovince /Region
NC
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
Alan Johnson
Please give a brief project description below and include location information.*
Push down existing stone on shoreline. Reshape and re -slope
shoreline. Install matting and install class " B" rip rap to refresh
existing shoreline stabilization.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.

Signature *
Submittal Date 6/22/2021

m
Full Pond/
lal Water Level
um�•rr.,�
Shoreline am
Lake
(At Full Pond/ Normal Water Lever
L ' �6ow X (a5 f qo
fi
No 4 rees retmoved
CY1 � � ► cna,l d ►s-kU c�arnc2.
tv bu��er
Please approximately sketch the following information on this plan, length of shoreline
(provide dimensions for each item, such as 10 ft x 10o ft) *:
1. All proposed vegetation clearing
2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
I Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
4. Location of any proposed structures such as buildings, retaining walls, docks, etc.
5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
6. Location of construction access corridors
FORM: SSGP 10-2013
Page 3 of 3

Project
Owner-
Contracty, l agunu
>> cr`Y {7
Print L J J
S 9 ature
The approval is for the purpose and design described in your application. Impacts not indicated in the
application is a violation of the Buffer Rule. Site specific work should be provided in the application. [15A NCAC
02H .0506 and 15A NCAC 02B .0243(8)]
Trees are not allowed to be removed from Zone 1 of the Buffer (within 30 ft of the full pond elevation), unless
approved. Exception, those trees that are severely undermined along the immediate shoreline can be removed.
Minimal shaping and sloping along the immediate shoreline is allowed. [15A NCAC 02B .0243(6)]
Benching, grading in the buffer is not allowed. Excessive disturbance of ground cover. [15A NCAC 02B .0243 (6)]
Beaches, impervious patios, impervious walkways, etc. are not allowed inthe buffer unless specifically approved
by the Division. There are limitation on size for decks. [15A NCAC 02B .0243(4) and (6))
Work to be conducted from land must indicate an access and indicate any trees that are to be removed. The
work corridor should be described. The approved access corridor shall be restored. Staging, spoil, construction
material must be outside the buffer. [15A NCAC 02H .0502 and 15A NCAC 02B .0243 (4), (6),(8)]
Stormwater cannot be piped or channeled for direct discharge to the lake. All constructed stormwater
discharges must be at the natural elevation and discharged prior to entering the buffer directed as diffuse or
sheet flow at non -erosive velocities to the lake. [15A NCAC 02B .0243(5), (6)]
Acknowledgement of Notification
I, do cS�lwl` S, a� :!�]ii�ereby state that I have been informed of the Catawba
RipariaVBuffer Rule. Any work conducted in the buffer, not specifically stated in the application and approved
by the Division of Water Resources (DWR), is a violation and subject to enforcement. Due diligence will be
taken such that the construction will be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plan(s) and specification(s), and other supporting
materials. 11.
Signature (owner): Date: _5' h—

Duke Ener2y Excavation Permit Application Form
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd Initials
Date of Duke Energy Lake Services, applicant and/or contractor on -site inspections Date (A III 'initials X 'I
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
Initials
Date
(Sign)
Initials
Any Stop Work Orders or SMG Violations*? (check one) E]Yes ONo (If Yes, explain in PART V)
Date Deposit Refunded Initials Date Permit Database Updated Initials
Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Orders with annlicatinn_
Part I. Applicant Information (Please Print)
Name Anaelu &ak& 5o mnaQTelephone
Email address:
Lake Address MailingAddress (if different)
LIe1 1�cmc>`�x1 Ae1 �. lox k000
MCI( res i► 1 � l l�' �Sll� l�� �d��n Nc a�3b3lo
Contractor Company C GC. �J �-�h e �; �� , fiq L t C
Contractor Contact Person e, LS Telephone `70y _ UUO 5I1 t
Contractor Email Address: ► n o\-\r -_c,-Vr,n n ,, v,I lz) p , I/- l r
LAKE LOT INFORMATION
Lake goTma,n County 7,ede ll City resu 11 State tLC Tax Map No.
Subdivision(' er,A, Land ETmha,r Lot / Section No. lC>9—[ Lot SizelA_Acres
Duke Energy Page 4 of 13 rev 10/1/2019
Excavation Program

Duke Energy Excavation Permit Application Form
Are there any Co -Applicants*? (check one) ❑Yes Zo (If Yes, include names, street
addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V —
Additional Information)
* Co -Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project, and is done to benefit multiple
owners / lease holders of Project -front properties within a single development. There can be no
more than 4 co -applicants in addition to the lead applicant on any application.
Do not continue the application until an on -site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE: Initialling this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on -site inspection o e L4 Z I
Initials (Duke Energy) 0241
(applicant/contractor)
Duke Energy Page 5 of 13 rev 10/1/2019
Excavation Program

Duke Energy Excavation Permit Application Form
Part II. Description of Project
A. Basic Information
1. Type of excavation: (check one)
2. Purpose of excavation: (check one)
❑ Water Intake Channel
❑ Other (specify): _
3. Lake user category: (check one)
❑Commercial Marina
❑Other (specify):
❑ New excavation M Maintenance excavation
R"B' oat Access Channel
❑ Wastewater Discharge Channel
C�ivate ❑Residential Marina
❑Public
4. Max. Excavation Area Dimensions (ft): Length 140i Width SCjf Depth
(Note: include additional area dimensions if necessary so response to 95 below equals max. area
dimensions in #4) a,33' X 15' X 3 , 5 `
5. Volume of Excavated Material (TOTAL for the project): 71 J ';J , 30 Cubic yards
6. Type of material removed (applicant determines by field sample if practical): -\-), 1,r4 I S 11-}-
7. Excavation Site area:-- C). 14 �, ._ Acre (s) Disposal Site area: . a Acre(s)
8. Total Disturbed Area (including equipment staging area): b 14:51 Acre (s)
9. Does th .ect meet the requirements of the applicable General Permit? (check one)
� es Jo
10. Do you claim title to the disposal area? (check one) ❑Yes No
11. Do you claim title to the equipment staging area? (check one) L✓f Yes Jo
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area?
(check one) Yes Jo
(If Yes, specify):
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plan and disposal area design):
7r��e,h���r c � handc�,5o 1 5%aV 1p386�1 Y"iC e.Tc-rm Ncv
inooresv'�lle� NC a8115_ Where t5 alre-adj Un ex -6-�l n� V Channel.
We are Lu\dein', 09 the. a33' X 15' CV10co el b4 15 .
Duke Energy Page 6 of 13 rev 10/1n019
Excavation Program

Duke Enemy Excavation Permit Application Form
14. Type(s) of excavation equipment to be used: Lo..n 'Ceach 2X CCL\ cad , r
15. Will waters or wetlands be crossed in transporting equipment to or from the site?
(check one) ®Yes ONO
(If yes, explain) b arg
16. Will return water re-enter the reservoir? (Check one) ❑Yes Cho ❑N/A
(If Yes, speck points) of re-entry and show on Excavation Area Drawing)
17. Is there an existing facility (e.g. pier) that access is being maintained to by conducting the
excavation? 2'�Ies ONO
(If Yes, provide the existing permit number. If No, include a scaled drawing of the proposed
facility). Permit k 11 B 58
18. Total planned duration of the work (Include first equipment mobilization, excavation
through final mitigation measures complete):
START _g_ / a1_ FINISH
(Month) (Year) (Month) (Year)
Duke Energy Page 7 of 13 rev 10/1/2019
Excavation Program

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Duke Enemy Excavation Permit Application Form
C. Applicant's Signatures
Comments:
1J e�c�h t'S. y .
1�1©rand��IJ.
�lc�r-es u � 11e � I�1C 2�81 t�
QL,\),, i,,r r'r,(,-n A ; r p cur V1 \ 0 A inc .
Laf a. No r M"a ?6.
Mooc-e5v, Ike, MCI ael11
Applicant Name (print) c`0Cc�J��
Applicant Signature* Date 5 i-7 12- l
Co -Applicant Name (print) �i �,,, , , {
Co -Applicant Signature* Date s
Co -Applicant Name (print) __
Co -Applicant Signature* Date
Co -Applicant Name (print)
Co -Applicant Signature* Date
Co -Applicant Name (print)
Co -Applicant Signature* Date
*Per my signature, the information prorzded in this application is correct to the best of my
knowledge.
Duke Energy Page 10 of 13 rev 10 f2019
Excavation Program

Excavation Project User's Agreement Letter
(Please fill in the blanks. Please Print)
Date 5I►`[ lar
TO: Duke Energy
c/o Lake Services - EC12Q
526 S. Church Street
Charlotte, NC 28202
RE: Excavation For (Subdivision and Lot #'s or Other Project Name)
tin ­% ?,I _ _ 4 . 77 1 1 1 1 .."1 _" n . 1
(Lake/County/City)1ik.Ma l / T'redet[ /—O—yoore,aul\ke.
(Applicant's full name) J�ngelo 6akSe E Summer %ver-,s hereby agrees to comply with all
recommendations, requirements and/or 'conditions of Duke Energy, General Permit(s) (if
applicable) and other federal, state and local agency requirements pertaining to the application to
excavate for the purpose of a moat otte-55
In addition, 1/we have read and agree to comply with Duke Energy's current Shoreline
Management Plan (SMP) or other applicable guidelines, much of which is repeated herein, and
understand that written authorization must be obtained from Duke Energy prior to beginning any
activity within the Federal Energy Regulatory Commission (FERC) project boundary or on Duke
Energy property associated with a reservoir, collectively referred to as Project Boundary. The
excavation will be completed as described in the approved application and within eighteen (18)
months from the date of written approval by Duke Energy, unless specifically noted otherwise in
the application or unless I/we obtain approval for a single, time extension (maximum of one year)
in writing from Duke Energy. Uwe understand that if the SMP or other applicable guidelines or
rules change during any extension period, I/we will be expected to comply with the new
requirements to the maximum extent practicable. Uwe also recognize that failure to complete the
excavation within this build -out period will require the filing of a new application within the then -
current SMP or other applicable guidelines and the new application must include any applicable
fees and security deposits.
I/we attest to be the owner(s) or lease holder(s) of the land immediately adjoining the Project
Boundary where the excavation activity is to take place, or if not the owner or lease holder, Uwe
have included proof of title to the property and written authorization from the owner(s) or lease
holder(s) to carry out the proposal within the Project Boundary adjacent to their land.
Uwe attest to be the owner(s) or lease holder(s) of the land that will be used for equipment
staging and disposal of excavated material or if not the owner or lease holder, Uwe have included
proof of title to the property and written authorization from the owner(s) or lease holder(s) to
carry out the work on their land.
Duke Energy Page 1 Rev: 4/6/2020

I/we understand that all excavation work must be done directly in front of my/our property and as
specified in Duke Energy's approval. I/we also understand that access channels must run
perpendicular to the shoreline while within the third of the cove area that is nearest my/our
property.
I/we understand that for proposed excavations, I/we must notify the appropriate local, state and
federal agencies in advance of the activity by sending them a completed copy of Duke Energy's
Excavation Permit Application Form and other required information. I/we understand that
written authorization and/or other permits may be required by some of these agencies and such
required authorizations must be obtained before 1/we submit the final application to Duke
Energy.
At FERC-licensed reservoirs, I/we understand that except for maintenance excavations, any
excavation exceeding 2000 cubic yards of material removed or any excavation or shoreline
stabilization work needed to support an application that requires FERC review does itself require
specific review and approval by the FERC before Duke Energy can issue any approvals.
Uwe agree that unless specifically approved otherwise in the application, explosives will not be
used as part of this excavation activity.
I/we understand that every reasonable effort must be made to minimize any adverse impact on
fish, wildlife and other natural resources.
Uwe understand that applicants in South Carolina proposing excavations that are not covered
under the General Permit, or are greater than 150 cubic yards, must receive prior written
authorization from the South Carolina Department of Health and Environmental Control
(SCDHEC) or the US Army Corps of Engineers (as applicable) before submitting the completed
application to Duke Energy.
1/we agree that excavation activities will not occur during the months of March, April, May and
June because of the potential impacts to fish spawning areas.
1/we understand that trees and vegetation growing within or adjoining the lake play an important
role in its overall environmental condition, and the ecological benefit the vegetation has on fish
and wildlife habitat directly supports a sound and healthy lake environment. I/we also understand
that unauthorized removal of shoreline vegetation (e.g. button bushes, willows, cattails, etc.)
and/or disturbance of the shoreline buffer may result in suspension or denial of lake use
permitting requests, forfeiture of security deposits and require re-establishment of vegetation at
my/our expense, particularly if the disturbance is found to be in violation of state or local
ordinances or impacts FERC project buffers.
Uwe agree all excavated material will be placed in upland areas, landward of the Project
Boundary, and confined to prevent erosion and sedimentation back into the lake or nearby
streams.
Duke Energy Page 2 Rev: 4/6/2020

Uwe agree to adequately stabilize all excavated material and all disturbed shoreline to prevent
erosion and runoff into the lake.
Uwe understand that the double handling of excavated material will not be allowed; therefore, all
excavated material must be placed above the Project Boundary in one handling.
I/we have designed the hydraulic excavation process (if any will be used) so that return water re-
enters the lake in the same general vicinity and cove as the excavation, to the maximum extent
practicable.
1/we agree that the proposed excavation will not be for the purpose of creating additional
shoreline, will not alter the Project Boundary or the full pond contour, and will not impact
threatened or endangered species, historic properties, or environmentally -important areas, unless
special public entity provisions were made in the application.
Uwe recognize that it is my/our responsibility to clearly locate in the field and label on my/our
work area drawings any areas that require specific protection or avoidance during this excavation
work. Examples of these protection/avoidance areas include but are not limited to, any
Environmental Areas, Natural Areas or Impact Minimization Zones as identified by Duke
Energy; jurisdictional wetlands; historic properties; rare or threatened species; and buried gas,
water, sewer, electric or communications lines. Uwe agree to provide my/our contractor with a
copy of these work area drawings showing these areas to stress the necessary protection
measures.
Uwe agree that if any archaeological resources (e.g. pottery shards, Indian artifacts, etc.) are
discovered during the excavation, work shall be halted immediately. Uwe will then notify Duke
Energy and the State Historic Preservation Office to determine what measures, if any, Uwe must
pursue to protect or salvage the archaeological resources.
Uwe agree that any excavation from within the Project Boundary will not exceed the volume as
outlined in the application and will remove and disturb only what is absolutely necessary to
achieve the project's stated purpose. T
Uwe agree to be fully responsible for the permitted lake use and Uwe understand that this
responsibility is considered to transfer automatically along with ownership and leases of the
adjoining tract.
1/we understand Duke Energy representatives may issue Stop Work Directives for violations of
the SMP or other applicable guidelines and other consequences may result from such violations,
including but not limited to suspension or cancellation of approved permits, increases in fees,
modification or removal of non -complying structures and restoration of disturbed areas at my/our
own expense or loss of any consideration for future lake use permits. Uwe agree to immediately
comply with any Stop Work Directives, to fully cooperate with Duke Energy and other agencies
as necessary, and to perform the necessary remedial actions within the specified time frame.
Duke Energy Page 3
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Live agree to develop any required mitigation plans and to complete any required mitigation
activities at my/our own expense within the specified time frames. L'we recognize that the
excavation work is not considered complete and deposits will not be refunded until the
mitigation requirements (if any) have been satisfactorily fulfilled.
Iiwe agree to notifv Duke Energy by phone when the excavation is initiated and to ensure that
during the excavation period Uwe will Rost Duke Enerizv's approval letter in a clear waterproof
bag at the lob site and visible from the water's edge
Uwe agree to notify Duke Energy in writing when the excavation is completed (including any
required instigation measures) and that the excavation was completed per the approved
application, so a close-out inspection can be performed.
Ave recognize security deposits will not be refunded if any violations of the SMP, other
applicable guidelines, or this user's agreement occur.
Ilwe understand there will be no change in hydro project operations as a result of the excavation
and/or utilization of the excavated area.
Uwe agree to maintain the work area in a safe condition and to fully indemnify and save Duke
Energy harmless from any and all claims, liability, loss or damage that may arise from this
excavation project.
Uxve understand that this user`s agreement does not, in any way, constitute the transfer of any
rights in real property and that mylour use and enjoyment of FERC project and Duke Energy
lands and waters shall not hinder the general public's lawful use and enjoyment of the same.
Sincerely,
f%tpplicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
Co -Applicant's Name (Print)
14 Applicant's Signature
__ - Co -Applicant's Signature
Co -Applicant's Signature
Co -Applicant's Signature
Co -Applicant's Signature
McEnergv Page 4 Re,.4;63i12P

[Space Above This Line For Recording Data]--
DEED OF TRUST
When recorded, return to:
First -Citizens Bank &Trust Company
Attn: Final Document Department
P.O. Box 11757
Columbia, SC 29211
This document was prepared by:
Brandi Barton
First -Citizens Bank &Trust Company
1314 Park Street
Columbia, SC 29201
803-931-1604
LOAN #: 40103775
MIN 1001134-1100014080-7
DEFINITIONS MERS PHONE #: [phone]
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section
16.
(A) "Security Instrument" means this document, which is dated March 8, 2021, together with
all Riders to this document.
(B) "Borrower" is SUMMER L. SHIVERS AND ANGELO SAAKE, WIFE AND HUSBAND.
Borrower is the trustor under this Security Instrument.
(C) "Lender" is First -Citizens Bank & Trust Company.
Lender is a Corporation, organized and existing under the laws of
South Carolina. Lender's address is P.O. Box 11757, Columbia, SC
29211.
(D) "Trustee" is Neuse, Incorporated.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as
a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
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LOAN #: 40103775
(F) "Note" means the promissory note signed by Borrower and dated March 8, 2021. The Note
states that Borrower owes Lender ONE MILLION TWO HUNDRED NINETY THREE THOUSAND ONE HUNDRED
TWENTYSIXANDN0I100********************************** Dollars (U.S. $1,293,126.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than April 1, 2051.
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and [ate charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
❑z Adjustable Rate Rider ❑ Condominium Rider
❑ El Second Home Rider
Balloon Rider
❑ Planned Unit Development Rider Other(s) [specify]
❑ 1-4 Family Rider ❑ Biweekly Payment Rider
❑ V.A. Rider Construction/Permanent Loan Rider
to Security Instrument, Addditional
Collateral
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial
opinions.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is
not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu
of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Rea[ Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"
refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan" under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns)
and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan,
and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys
to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located
in the County [Type of Recording Jurisdiction] of Iredell
[Name of Recording Jurisdiction]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT All.
APN M 4638429587.000
which currently has the address of 492 Normandy Road 8r 133 Orchard Farm Lane, Mooresville,
North Carolina 28117 ("Property Address"): [Street] [City]
[Zip Code]
TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with
all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of
the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS
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LOAN #: 40103775
holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to Comply with
law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or
all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the
Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received
by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that
any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has
breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower
hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may
hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within
a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such
funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal
due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts
due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of
the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association
Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or
all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.
Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable,
the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's
obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and
agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If
Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for
an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to
Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
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The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
an agreement is made in writing orApplicable Law requires interest to be paid on the Funds, Lender shall not be required
to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required
by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender
shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held
in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,
if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take
one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including,
but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in
the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to
the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall
be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in
the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as
an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form
of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair
and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2.
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LOAN #: 40103775
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given.
In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent
shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing
in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,
Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible
for repairing or restoring the Property only if lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the
insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's
obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information)
in connection with the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.
Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall
not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were
due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require
loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided
by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated
payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted
under Applicable Law, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance
ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the
rate provided in the Note.
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Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,
or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be
characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the
mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive
reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for
mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided
for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount
of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately
before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not
the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within
30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either
to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom
Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under
this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security
Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver
of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
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Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits
under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this
Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for
the purpose of protecting Lender's interest in the Property and rights underthis Security Instrument, including, but not limited
to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in
this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such
fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any
sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not
a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct
payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.
Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when
mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any
one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.
Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting
Borrower's change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be
deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument
is also required underApplicable Law, the Applicable Law requirement will satisfy the corresponding requirement under
this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly
allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against
agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with
Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and
(c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which
is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay
all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period
as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing
this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under
this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to,
reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting
Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may
require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided
any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;
or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured
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hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in
the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of
the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state
the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan
is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower
will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section
15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take
corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that
time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity
to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section
18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined
as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos orformaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer
products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property.
If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default
must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further
inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured
on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may invoke the power of sale and any other
remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable
Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such
notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable
Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at
public auction to the highest bidder at the time and place and under the terms designated in the notice of sale
in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property
at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of
the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including, but not limited to, Trustee's fees of 0.00 % of the gross sale price; (b)
to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to
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it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness
evidenced by the Note.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this
Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this
Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and
the charging of the fee is permitted under Applicable Law.
24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. Attorneys' Fees. Attorneys' fees must be reasonable.
BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
SUMMER LYN SHIVERS DATE (Seal)
ANGELO SAAKE DATE (Seal)
STATE of
) SS:
COUNTY of
certify that the following person(s) personally appeared before me this day, each acknowledging to me that
he or she voluntarily signed the foregoing document: SUMMER LYN SHIVERS AND ANGELO SAAKE.
Date:
Official Signature of Notary
Notary's printed or typed name, Notary Public
My commission expires:
Lender: First -Citizens Bank & Trust Company
NMLS ID: 503941
Loan Originator: William P Chitwood
NMLS ID: 437739
(Official Seal)
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LOAN #: 40103775
MIN: 1001134-1100014080-7
FIXED/ADJUSTABLE RATE RIDER
(LIBOR One -Year Index (As Published In The Wall Street Journal) — Rate Caps)
THIS FIXED/ADJUSTABLE RATE RIDER is made this 8th day of
March, 2021, and is incorporated into and shall be deemed to amend and
supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument")
of the same date given by the undersigned ("Borrower") to secure Borrower's
Fixed/Adjustable Rate Note (the "Note") to First -Citizens Bank &Trust Company,
a Corporation
("Lender")
of the same date and covering the property described in the Security Instrument and
located at: 492 Normandy Road & 133 Orchard Farm Lane, Mooresville, NC
28117.
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE
AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MINIMUM AND MAXIMUM RATES BORROWER
MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in
the Security Instrument, Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 2.990 %. The Note also
provides for a change in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the
1st day of April, 2028, and the adjustable interest rate I will pay may change
on that day every 6th month thereafter. The date on which my initial fixed interest rate
changes to an adjustable interest rate, and each date on which my adjustable interest
rate could change, is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on
an Index that is calculated and provided to the general public by an administrator (the
"Administrator"). The "Index" a benchmark, known as the one-year U.S. dollar (USD)
LIBOR index. The Index is currently published in, or on the website of, The Wall Street
Journal. The most recent Index value available as of the date 45 days before each
Change Date is called the "Current Index," provided that if the Current Index is less than
zero, then the Current Index will be deemed to be zero for purposes of calculating my
interest rate.
If the Index is no longer available, it will be replaced in accordance with Section 4(G)
below.
MULTISTATE FIXED/ADJUSTABLE RATE RIDER —WSJ One -Year LIBOR —Single Family — Fannie Mae Uniform Instrument
Form 3187 6/01 (rev. 2/20)
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Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax [phone]
July 22, 2021
Attention: Janice Estep
CBC Stone & Recycling, LLC
Re. THPO # TCNS # Project Description
2021-566-19 Angelo Saake & Summer Shivers 492 Normandy Road, Mooresville, NC
Dear Ms. Estep,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

DREDGE SPOIL DISPOSAL FORM
PURIM
Project Name/address: Lm, tq0Y. I County:
Location Address: Co 3i3 �7 w',r n ran. UJq. ,r,•�r'(1Q i r r�
Parcel #: _ t4 l O t Q I),9t Q to 149,,,
Parcel/lot size ,14q arrES
Disposal area required (sq ft and/or acreage)
Acknowledgement of Notification
1, Le 1 2 I r t do p S am aware that the site must adhere to all state regulations
and rules regarding sediment nd erosion control and water quality. And give permission for
_ I 1 / ..
Name of Individual and Comptiny
to dispose of their dredge material at the above stated location
Owner:
Print
Date: v
Along with form, please provide:
Aerial of parcel/lot (County GIS)
Photo of proposed spoil site
Identified proposed spoil site
Signature

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STATE OF NORTH CAROLINA
IREDELL COUNTY
I certify that this map was drawn from on actual survey made under my
supervision The. unadjusted ratio of precision as calculated is 1': 10,000t
Boundaries not surveyed, it any, are noted. Deed descriptions are recur ed >n oK, as
Page shown .Witness my hand and seat this 4! doy of JUNE , 2019.
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LEGEND
LINES SURVEYED
LINES NOT SURVEYED - - - - - -
at!���7
Professional Land Survey
L-3703
NOTES-
+ ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
UNLESS OTHERWISE NOTED.
• AREA SY COORDINATE COMPUTATION.
+ PROPERTY SUBJECT TO ANY VALID & ENFORCEABLE
EASEMENTS, RESTRICTIONS & RIGHTS OF WAY OF RECORD.
+ SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING
MONUMENT FOUND DURING THE SURVEY.
+ PROPERTY CORNER PIPE SIZES AS SHOWN ARE NOMINAL
INSIDE DIAMETER.
95.21
TIE LINES --^------- !
MO DISTRIBUTION LIVE - — PIN 466B-30-1353 /
(OVERHEAD) OA1=GE STORAGE, LLCf
R/W LIMITS ------- D.B. 2521 PG. 2033 /!
CTL TRANSMISSION 0 NO MONUMENTAAON
POWER POLE UNLESS OTHERWISE f !
¢ CENTERUNE NOTED
E PROPERTY LINE
(F) DENOTES "FOUND"
(S) DENOTES'SET' PIN PROP0RTM ! 'r
BRIDGES PROPERTIES, LLC ! !
NTS DENOTES 'NOT TO SCALE"
O.B. 1602 PG. 1912 /
!^ ` LOT }7-P.8. 36 PG. 150 / CONCRETE
! !! N 667 940.48 fT
/ ! E 1462951.44 FT
r / NAD 83(2011)
! " v
r
!
in !
Q ! G PIN 4667-29-6642
m !! BRIDGES
ra N ! PROPERTIES, LLC ,O w
¢ m !f D.B. 1602 PG. 1912 N
PIN 4667-39-0000
z i 5 2 !! ARGOS USA LLC
r
! STAGING AREA D.B. 2016 PG. 4981(CO)
/r 0.227 ACRE
DUKE ENERGY
TRANSMISSION LINE
L7-(TIE
7R't`SMI$SjQN 14 LINE ONLY)
-trNE' $/W NAIL (F) AT BENT
#4 REBAR (F)
7.77 FT
SENT
(F ~~~�"-- S78 3 _ E 46 830.5B FT
lSENAD B3(2011)
L__
GRAPHIC SCALE PIN 4667-29-5304 -
PCMFORLESS HOLDINGS, LLC
0 75 150 D.B, 2180 PG. 1029
tQT2-P.B. 26 PG. 73
LNS FILE NO.: 51805E
DWG NO.: S1905i
SURVEYED BY: N.D. WHITLI
IN FEET) DRAWN BY: N_D. WHITLf
I inch = 150 €t. CHECKED BY: I.R_ HOeF
TAX ID: 46fi7-29-6642-J1���
FOR SOURCE OF TITLE REFER TO D.BK. 1802 PG, 7912
PROPERTY OWNED BY
BRIDGE'S PROPERTIES, LLC SURVEY AND MAP PREPARED BY.'
SURVEY SHOWING LOCATION OF LAKE NORMAN SURVEYING
STAGING AREA & MAPPING PLLC jOP-0190
CODDLE CREEK TOWNSHIP IREDELL COUNTY, N.C. i37 ,leanings Road, .Suite C
SCALE: 1" = 150' DATE OF SURVEY: JUNE 3, 3019 Statesville, Plorth Carolina 28625
BOOK: NA DATE OF MAPPING: JUNE 3, 2019 1 [phone] Fax [phone]

i
Excise Tax $654.00
limmillilluilDillillill
Recorded: 11/23/200403
tT0 e28:000 PN
Fee Amt: $674.00 Page t of 3
Excise Tax: $65400
Iredell pounty, W
Brenda D. Bell Aealster of Deeds
BK 1602 P(31912-1914
Tax Lot No, Parcel Identifier No 4667-29-6642 and 4668-20-8185-4.34
Verified by...................................................................... ..... County on the .......... day of ......................
by. ............. .......... ....... ................. ............. ............ ...........
.............,......................................._.......................,.........
Mail after recording to: Grantee
This instrument prepared by: Lutzel, Gandy Broadway, PLLC
Brief Description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 22M.... day of November 2004, by and between
GRANTOR GRANTEE
Donald Ray Snyder and wife, Bridges Properties, LLC
Victoria A. Snyder, 628 Oak Ridge Farm Hwy
atkla Mooresville, NC 28115
Vicotira A, Snyder
Enter in appropriate block for each party; name, address, and, if appropriate, character of entity,
e.q. 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, mascufine, 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, Iredell County,
North Carolina and more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof

The property hereinabove described was acquired by Grantor by instrument recorded in Book .............. Page .........
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 Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same
in fee simple, that tide 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 herein -
above described is subject to the following exceptions:
All easements, restrictions and rights of way of record.
Ad valorem taxes for the year 2005 and subsequent years not yet due and payable.
All matters revealed by and accurate survey of the property.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed
in its corporate name by its duly authorized officer(s) by authority of its Board of Directors, the day and year first above written.
{Corporate Name) ...........
"",'kfi AL)
a I}onalq Ray Snyd
......................... �-•--�.._...:.�.�d:.4.i.ta,,,...!r......5,.�,,.
............................... President (SEAL){�
Attest: v Victoria A. Snyder
................... . ........
m .................. (SEAL)
........................ Secretary W
m i NpiAl� y ,may
yp�.'°UBL1G 'ci
..............
.......................................................................... {SEAL)
l
L
NORTH CAROLINA&W< _--
I, a Notary Public of the County and State aforesaid, cen
Snyder, Grantor, personally appeared before n is
foregoing instrument. witness my hand and o ial s
My Commission Expires: , _„-1,
Snyder and Victoria A,
:d e —cut,n of the
�. :...............Notary
(SEAL) NORTH CAROLINA. ............................... COUNTY.
L a Notary Public of the County and State aforesaid, certify that .............. . .
............................................................. .....Grantor, personally appeared
before me this day and acknowledged that he/she is ............. _._ of..,.....,.._,,,,,,,,,,
.......
corporation, and that he/she as .............................. ...... being authorized to do so, exe-
cuted the foregoing instrument on behalf of the corporation. Witness my hand and official stamp or
seal this .................. day of ....................... ............. 2004.
MyCommission Expires:..._ ..................... ...... ........... __................. ........... .... .Notary Public
The foregoing Certificate(s) of. „ „ ..
t............. ........:............
is/are certified to be correct, This instrument and this certificate are duly . ' tered at th d and time and in the Book and Page
s e first p e e
ter Deeds for ..`mil. �...'.' 4.11ty
....... ..... ............... Deputy/A�Registerof Deeds

EXHIBIT "A"
TRACT 1: BEING all of that certain 6A9 acre tract located in Coddle Creek Township, Iredell
County, North Carolina on NC Hwy 150 By-pass; being more particularly described as follows:
BEGINNING at a point in the centerline of the 100 ft. right of way for NC Hwy 150 By-pass,
said point being located North 36-t7-36 East 2,458.39 ft. (Ground) from NCGS Monument "Run
In" N: 206,469.354 meters E: 445,280.693 meters Dated: 1991 NAD 83; thence continuing from
said point of Beginning and along the centerline of the right of way for NC Hwy 150, North 36-
22-16 East 561.58 ft. to a point; thence leaving said right of way and running with the line of
Whitman property (now or formerly) South 64-06-48 East 49.80 ft. to an existing #4 rebar in the
eastern margin of the right of way for NC Hwy 150; thence South 64-06-48 East 246.91 ft. to an
existing 1 1 /2" pipe; thence continuing with another line of Whitman property North 40-19-43
East 305.82 fi. to an existing I" pipe; thence North 71-18-07 East 121.51 ft. to an existing angle
iron in the line of Evelyn Brown (See Deed Book 308, Page 337, Iredell County Registry);
thence a new line of John W. Caffey, et a] (see Deed Book 601, Page 538, Iredell County
Registry) South 42- 31-26 West 221.12 ft. to an existing concrete monument; thence another new
line of Caffey, et aI South 15-00-4I West 614.81 ft, to an existing #2 rebar; thence with the
northern line of Lot 2, Scott D. Burton Property (see Plat Book 26, Page 73, Iredell County
Registry) North 74-59-17 West 572.00 ft, to an existing 42 rebar in the eastern margin of the
right of way for NC Hwy 150; thence North 74-59-17 West 53.64 ft. to the point and place of
Beginning.
TRACT Il: BEING all and the full contents of Lot No. I as shown on plat of Minor
Subdivision for William Wallace Whitman Estate and recorded in Plat Book 36, Page 150,
Iredell County Registry, to which plat reference is made for a more .full and complete description
of said lot by metes and bounds.

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AEC. LOT
133
11rwrid.d that the Plat it rtgbrAld *'th'& RFC. LOT
.ixtT (60) days of -L, V132
zeeonzaaded 07 thtI --- A ...
VAN 49 t-7t&*—
':^IOW ALL MPoI HP ItyIbIt:oY­ b—y .— I = 4Vittf.,Ptt—C.Lid..At .L—d T�� Corp., and aTf
— �e, f the property above .. —
,I., that C.L. 61t,,t,. does , �frbtye ­nI,­=Id,dg.I.plno 4—b, It - does
eieG and other public a abet
�.TId
this plat:
DALE:bAg—R, chat In
Surveyor
L tHOnIT.­c=d Wade h
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CRESCENT LAND & TIMER CORP.
(W. A. BRISTOL TRUSTEE)
U. M. I. 157
77
LAKE LOT 1102
3 3 02:00 28.E 19. 3W
L9 00.4319 W, I,
39'E 55 50 :37:3,4 - 13.72'
34
03 1.
7 i 22-0e0SE W.* I
31 17'. 49 -T-
40.33*
to drb -.40 -F 40179-
10 S 53 29, isle
11 S 31*45'19'E 73.30'
LAKE LOT 1100
12 : 39:4 -54-E - 30.15'
13 17 1271E 20.8a:
14 5 34*10'26'E 148.58
15 S 74'519'35'E 12.55
16 5 48*47'07*E 151.90
FROM LOT 1 100 TO LOT 1097
IT S 84-2l'-24'E - 115.31
is N 00.161511E - 83.76,
LAKE LOT 1097
19 N 39 :4O *04'W - 117-81'
20 N38 24'22*W - 134.24'
LAKE LOT 1096
21 N 38'24*22'W oQ-.00:
22 N 24'44*I8'W 21
23 N 15'34'48'W 'I V:OO'
L AN : LOT '095
.24 N 1544��d - 37.64-
25 1w do* W 1-36
119 50.56
GEOGRAPHIC LOCATION CRESCENT LAND & TIMBER CORP.
SCALE: 1:4Wljt LAKE NORMAN
NOTE: MtILIOING SETiACK LINES AM REVISION OF SECTIdN it
30 FT. FROM ROAD RTSNff OF WAY LD9?S
50-FT, FROM LAKE,aCUNOARY AW LOTS 1095 THRU 1097, 1100, a 1102
14 FT. FACK SIDE LOTL1NII! DAVIDSON TOWNSHIP
IREDELL COUNTY, N. C.
REFERENCE
PLAT GOOK I'L PAK 41 SCALE, 1* too*
REF. OWS-M. C.F. it - i OCTOMM & 1m
SK—NO. 834 Oft. NO. C.-F. I I r-2

r Graphic Scale
50 25 0 50
Scale of Drawing 1 hic = 50 Feet
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PRELIMINARY
NOT FOR RECORDATION, SALES OR CONVEYANCE.
Timothy Hamilton
Jill D. Hamilton _ —
1 ` DB 2233 Pg 557
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1, 68 SQ. FT. 1
— 1. ACRES _
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NOTES�se,, -
\ 2890 .l I m
1. NO NCGS MONUMENT FOUND WITHIN 2000'. S) SSpc
2. PROPERTY MAY BE SUBJECT TO OTHER 00
GL / PSP -
COVENANTS, RESTRICTIONS, EASEMENTS OR e
RIGHTS -OF -WAY THAT MAY BE OF RECORD. so6oc'- �
1
3. PROPERTY CURRENTLY ZONED IREDELL A6
COUNTY'S R-20 ZONING.
4638-52-1347
SETBACKS SHOWN ARE PER MB. 19, PG. 31. Lake Norman Airpar
Owners Association, Inc.
4. CONSULT WITH GOVERNING AGENCY FOR DB 1108, Page 1819
PREVAILING LAND DEVELOPMENT AND ZONING
REQUIREMENTS PRIOR TO DESIGN OR
CONSTRUCTION OF ANY IMPROVEMENTS.
LINE TABLE
LINE I LENGTH I BEARING
1-11 25.10 S29-02'57"E
CURVE TABLE
CURVE
LENGTH
RADIUS
CHORD
CHORD BRG
Cl
198.77'
546.60'
1 197.67'
S30°34'32"E
C2
110.29'
546.66'
110.10,
S46°46'38"E
C3
105.86'
257.42'
105.11'
540°47'49"E
LEGEND:
#5 REBAR FOUND
FENCE LINF X
Physical Survey of Lake Lot 1097 of Crescent Resources, Inc., Section II
Professional
Property
Surveyors, Inc.
Property of:
P rtY
As Recorded in:
Site Address:
18335 Old Statesville Road Ste. A
Summer Shivers
Plat Book 19, Page 31 and
492 Normandy Road
Cornelius, N.C. 28031
Angelo Saake
Deed Book 2498, Pa e1962
g
Mooresville, NC 28117
704-765-5134 Phone/Fax
Iredell County
Finn License: C-3666
071917-06
DWL
>_ 1:10'000
I"=50'
4638-42-9587
Shives 492 Norman
1 of 1
7/20/2017
Job No.
Prepared By
Error of Closure
Drawing Scale
Drawing File Name
Tax Parcel Number
Sheet Number
Date

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