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Home My WebLink AboutSW6210502_Design Calculations_20210916Stormwater Data For JAMES FARM SUBDIVISION PHASE 2 Hoke County, NC Owner: LLC by 'off ��``•��r,: �, �E ``;'.`'��*+� ��' •�; BEY A- �, `y ?,1 �� Rev, s Prepared by: ENGINEERING - SURVEYING - DESIGNING - DRAFTING Larry King & Associates, R. L.S., P.O. Box 53787 1333 Morganton Road, Suite 201 Fayetteville, North Carolina 28305 P. (910) 483-4300 F. (910) 483-4052 www.LKandA.com P.A. NC Firm License #: C-0887 STORMWATER NARRATIVE The proposed low -development project is phase 2 a single-family residential subdivision. Phase 1 was permitted as Creek Valley Chase Subdivision (SW6190103) with 23 lots on 65.82 acres of land. The development is now called James Farm, with the plans titled as `James Farm Phase 2'. Phase 2 will add 9 new single-family residential lots for a total of 32 lots in the entire subdivision. This will be the last phase of the development on the current parcel(s). There is the potential for future development on an adjacent parcel to the east. Where existing topographic conditions allow, future stormwater runoff will be captured by roadside ditches. From the roadside ditches, the stormwater will be conveyed to grassed swales. The grassed swales will have 3:1 side slopes and the longitudinal slopes vary per swale. None of the slopes will exceed 5%. The swales will ultimately discharge into existing low areas that drain into wetlands. A breakdolvn of previously approved built upon area as well as proposed built upon area fog the developments is below. Creek Valley Chase James Farm Totals BUA "Phase 1" "Phase 2" (sf) (sf) (sf) On -Site Buildings/Lots 73,600 40,500 180,132 On -Site Streets 48,223 17,809 89,032 On -Site Parking 23,000 28,520 On -site Sidewalks 5,520 14,720 Other on -site 9,200 9,200 Total 159,543 58,309 321,604 7.38 ac *Phase 2 lots maximum allowable BUA is 4500 sf Oo; 9 lots Total Parcel Area: 65.82 ac Entire Parcel % Impervious: 11.22% Phase 2 % Impervious: 2.03% Phase 1 % Impervious: 5.56% TABLE OF CONTENTS Stormwater Narrative SC-1,2 Drainage Areas Summary APPENDIX A Rational Method Runoff Calculations APPENDIX B Ditch and Pipe Calculations APPENDIX C Culvert Sizing Caiculations, APPENDIX D Misc. Erosion Control Calculations APPENDIX E Site Maps APPENDIX F Wetlands Report APPENDIX G Site Deed APPENDIX H Appendix A oho o LO It m a) o ci aa0o H o 4 O .-I N M Ln 1, O Cr .-. 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J oo W Ln M N' N O .� m G V N N N g N p O M LD ` w � � m q 1p LO 'r N Ln � N « H h N N N LO al ti Lp d Ln h cm :T-I N Ln LD O N 4 N N O ¢ o 0 o 0 o v ti r N m m o O LnLL, a at LD m LD v o Ln v m ai N aNt a LNiI s LNrI rn c In LD I�- ca T `y m m at W W- W Lip - W W m ¢ aaaaaaaa .�WLL, c c Appendix B Table of Contents Post -Con Drainage Areas.gpw Hydraflow Hydrographs by Intelisolve Friday, Apr 23 2021, 7:52 AM Hydrograph Return Period Recap...................................................................... 1 1 -Year SummaryReport ................................................................................................................. 2 10 - Year SummaryReport ....................................................................................................... ..... 3 25 - Year SummaryReport................................................................................................................. 4 50 - Year SummaryReport .................................................................................................... 100 - Year SummaryReport................................................................................................................. 6 Hydrograph Return Period Recap Hyd. Hydrograph Inflow Peak Outflow (cfs) No. type Hyd(s) - (origin) 1-Yr 2-Yr 3-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 1 Rational 2 Rational 3 Rational 4 Rational 5 Rational 6 Rational 7 Rational 8 Rational 9 Rational 10 Rational 11 Rational Hydrograph description ------- 21.57 33.06 37.15 40.10 43.03 Headwall 5 (Culvert) ------- 2.75------- -------------- 4.22 4.74 5.12 5.49 Pipe End-1 ------- 5.11------- -------------- 7.83 8.79 9.49 10.19 Pipe End-3 ------- 2.02------- -------------- 3.09 3.47 3.75 4.02 Swale-1 ------- 0.39------- -------------- 0.60 0.67 0.73 0.78 Swale-2 - 0.65------- -------------- 1.00 1.12 1.21 1.30 Swale-3 ------- 1.23 ------ -------------- 1.89 2.12 2.29 2.46 Swale-4 ------ 1.76------- -------------- 2.70 3.03 3.27 3.51 Swale-5 ------- 2.95------- -------------- 4.52 5.08 5.48 5.88 Swale-6 ------- 3.57------- I -------------- 5.47 6.14 6.63 7.12 Swale-7 ------- 5.43------- -------------- 8.33 9.35 1 10.10 10.84 Swale-8 Proj. file: Post -Con Drainage Areas.gpw Friday, Apr 23 2021, T52 AM Hydrafiow Hydrographs by Intelisolve Hydrograph Summary Report Hyd. No. Hydrograph type (origin) Rational Peak flow (cfs) Time interval (min) Time to peak (min) Volume (cuft) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) ------ Hydrograph description 1 21.57 1 5 6,472 ---- ------ Headwall 5 (Culvert) 2 Rational 2.75 1 5 826 ---- ------ ------ Pipe End-1 3 Rational 5.11 1 5 1,532 ---- ------ ------ Pipe End-3 4 Rational 2.02 1 5 605 ---- ------ ------ Swale-1 5 Rational 0.39 1 5 117 ---- ------ ------ Swale-2 6 Rational - 65 1 5 196 ---- ------ ------ Swale-3 7 Rational 1.23 1 5 370 ---- ------ ------ Swale-4 8 Rational 1.76 1 5 528 ---- ------ ------ Swale-5 9 Rational 2.95 1 5 885 ---- ------ ------ Swale-6 10 Rational 3.57 1 5 1,071 ---- ------ ------ Swale-7 11 Rational 5.43 1 5 1,630 L Return Period: ---- 1 ------ ------ Swale-8 23 2021, 7:52 AM Post -Con Drainage Areas.gpw Year Friday, Apr Hydraflow Hydrographs by Intelisolve Hydrograph Summary Report F0. Hydrograph type (origin) Peak flow (cfs) 33.06 Time interval (min) 1 Time to peak (min) 5 Volume (cult) Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Hydrograph description Headwall 5 (Culvert) 1 Rational 9,919 ---- ------ ------ 2 Rational 4.22 1 5 1,266 ---- ------ ------ Pipe End-1 3 Rational 7.83 1 5 2,348 ---- ------ ------ Pipe End-3 4 Rational 3.09 1 5 928 ---- ------ ------ Swale-1 5 Rational 0.60 1 5 180 ---- ------ ------ Swale-2 6 Rational 1.00 1 5 300 ---- ------ ------ Swale-3 7 Rational 1.89 1 5 567 ---- ------ ------ Swale-4 8 Rational 2.70 1 5 809 ---- ------ ------ Swale-5 9 Rational 4.52 1 5 1,356 ---- ------ ------ Swale-6 10 Rational 5.47 1 5 1,641 ---- ------ ------ Swale-7 11 Rational 8.33 1 5 2,498 ---- ------ ------ Swale-8 Post Return Period: 10 23 2021, 7:52 AM -Con Drainage Areas.gpw Year Friday, Apr Hydraflow Hydrographs by Intelisolve Hydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time interval (min) Time to peak (min) Volume (cuft) Inflow hyd(s) ---- Maximum Maximum elevation storage (ft) (cuft) ------ ------ Hydrograph description Headwall 5 (Culvert) 1 Rational 37.15 1 5 11,145 2 Rational 4.74 1 5 1,423 ---- ------ ------ Pipe End-1 3 Rational 8.79 1 5 2,638 ---- ------ ------ Pipe End-3 4 Rational 3.47 1 5 1,042 ---- ------ ------ Swale-1 5 Rational 0.67 1 5 202 ---- ------ ------ Swale-2 6 Rational 1.12 1 5 337 ---- ------ ------ Swale-3 7 Rational 2.12 1 5 637 ---- ------ ------ Swale-4 8 Rational 3.03 1 5 909 ---- ------ ------ Swale-5 9 Rational 5.08 1 5 1,523 ---- ------ ------ Swale-6 10 Rational 6.14 1 5 1,843 ---- ------ ------ Swale-7 11 Rational 9.35 1 5 2,806 ---- ------ ------ Swale-8 Post Return Period: 25 Year Friday, Apr 23 2021, 7:52 AM -Con Drainage Areas.gpw Hydraflow Hydrographs by Intelisolve 5 Hydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time interval (min) 1 Time to peak (min) 5 Volume (cuft) 12,031 Inflow hyd(s) Maximum elevation (ft) Maximum storage (cuft) Head 1 Rational 40.10 ---- ------ ------ 2 Rational 5.12 1 5 1,536 ---- ------ ------ Pipe 3 Rational 9.49 1 5 2,848 ---- ------ ------ Pipe 4 Rational 3.75 1 5 1,125 ---- ------ ------ Swale 5 Rational 0.73 1 5 218 ---- ------ ------ Swal Hydrograph description wall 5 (Culvert) End-1 End-3 e e e e -2 -3 -4 -5 -6 021, 7:52 AM Hydraflow Hydrographs by Intelisolve Hydrograph Summary Report Hyd. No. Hydrograph type (origin) Peak flow (cfs) 43.03 Time interval (min) 1 Time to peak (min) Volume (cuft) Inflow hyd(s) Maximum elevation (ft) ------ Maximum storage (cuft) Hydrograph description Headwall 5 (Culvert) 1 Rational 5 12,910 ---- ------ 2 Rational 5.49 1 5 1,648 ---- ------ ------ Pipe End-1 3 Rational 10.19 1 5 3,056 ---- ------ ------ Pipe End-3 4 Rational 4.02 1 5 1,207 ---- ------ ------ Swale-1 5 Rational 0.78 1 5 234 ---- ------ ------ Swale-2 6 Rational 1.30 1 5 390 ---- ------ ------ Swale-3 7 Rational 2.46 1 5 738 ---- ------ ------ Swale-4 8 Rational 3.51 1 5 1,053 ---- ------ ------ Swale-5 9 Rational 5.88 1 5 1,765 ---- ------ ------ Swale-6 10 Rational 7.12 1 5 2,135 ---- ------ ------ Swale-7 11 Rational 10.84 Areas.gpw 1 5 3,251 Return ---- Period: 100 ------ Year ------ Friday, Apr Swale-8 Post -Con Drainage 23 2021, 7:52 AM Hydraflow Hydrographs by Intelisolve Appendix C Swale 1.txt Channel Calculator Swale - 1 Revised Given Ii,rA.,!_ Data: Shape ........................... Trapezoidal Solving for Depth of Flow Flowrate .......................... 3.0900 cfs Slope ........................... 0.0785 ft/ft Manning's n ...................... 0.0300 Height .......................... 1.5000 ft Bottom width 0.0000 ft Left slope 0.2500 ft/ft (\//H) Right slope ..................... 0.3300 ft/ft (V/H) Computed Results: Depth ........................... 0.4268 ft Velocity 4.8266 fps Full Flowrate ................... 88.2484 cfs Flow area ....................... 0.64 ft2 Flow perimeter .................. 3.1214 ft Hydraulic radius ................ 0.2051 ft Top width ....................... 3.0003 ft Area ............................ 7.91 ft2 Perimeter 10.9712 It Percent full ....... 28.4508 Critical Information Critical depth .................. 0.5449 ft Critical slope .................. 0.021=3 ft/ft Critical velocity ............... 2.9607 fps Critical area ................... 1.04 ft2 Critical perimeter .............. 3.9854 ft Critical hydraulic radius ....... 0.2619 ft Critical top width .............. 3.8308 ft Specific energy 0.7888 ft Minimum energy .................. 0.8173 ft Froude number ................... 1.8421 Flow condition .................. Supercritical Page 1 a. Swale 2.txt Channel Calculator Swale - 2 Revised Given Input Data: Shape Trapezoidal Solving for ..................... Depth of Flow Flowrate ........................ 0.6000 cfs Slope 0.0483 ft/ft Manning's n ..................... 0.0300 Height 1.5000 ft Bottom width .................... 0.0000 ft Left slope ...................... 0.2500 ft/ft (V/H) Right slope ..................... 0.3300 ft/ft (V/H) Computed Results: Depth ........................... 0.2528 ft Velocity 2.6705 fps Full Flowrate ................... 69.2222 cfs Flow area 0.22 ft2 Flow perimeter .................. 1.8491 ft Hydraulic radius 0.1215 ft Top width ........... 1.7774 ft Area 7.91 ft2 Perimeter 10.9712 ft Percent full .................... 16.8545 Critical Information Critical depth .................. 0.2829 ft Critical slope .................. 0.0265 ft/ft Critical velocity ............... 2.1332 fps Critical area ................... 0.28 ft2 Critical perimeter .............. 2.0690 ft Critical hydraulic radius ....... 0.1359 ft Critical top width .............. 1.9887 ft Specific energy ................. 0.3636 ft Minimum energy 0.4243 ft Froude number ................... 1.3242 Flow condition Supercritical Page 1 91 Swale 3.txt Channel Calculator Swale - 3 Revised Given Input Data: Shape ........................... Trapezoidal Solving for Depth of Flow Flowrate ........................ 1.0000 cfs Slope 0.1011 ft/ f=t_ Manning's n 0.0300 Height 1.5000 ft Bottom width 0.0000 ft Left slope 0.2500 ft/ft (V/H) Right slope ..................... 0.3300 ft/ft (V/H) Computed Results: Depth ........................... 0..2666 ft Velocity 4.0028 fps Full Flowrate ................... 100.1492 cfs Flow area ....................... 0.25 ft2 Flow perimeter .................. 1.9499 ft Hydraulic radius ................ 0.1281 ft Top width ....................... 1.8742 ft Area ............................ 7.91 ft2 Perimeter 10.9712 ft Percent full .................... 17.7729 Critical Information Critical depth .................. 0.3470 ft Critical slope .................. 0.0248 ft/ft Critical velocity ............... 2.3627 fps Critical area ................... 0.42 ft2 Critical perimeter .............. 2.5380 ft Critical hydraulic radiras ....... 0.1668 ft Critical top width .............. 2.4395 ft Specific energy 0.5156 ft Minimum energy .................. 0.5205 ft Froude number ................... 1.9328 Flow condition Supercritical Page 1 Swale 4.txt Channel Calculator Swale - 4 Revised Given Input Data: Shape ........................... Trapezoidal Solvi.,, for ..................... Depth of Flow Flowrate ........................ 1.8900 cfs Slope ........................... 0.0785 ft/ft Manning's n ..................... 0.0300 Height .......................... 1.5000 ft Bottom width .................... 0.0000 ft Left slope ...................... 0.2500 ft/ft: (V/H) Right slope 0.3300 ft/ft (V/H) Computed Results: Depth 0.3549 ft Velocity ........................ 4.2684 fps Full Flowrate 88.2484 cfs Flow area ....................... 0.44 ft2 Flow perimeter .................. 2.5959 ft Hydraulic radius ................ 0.1706 ft Top width ....................... 2.4952 ft Area 7.91 ft2 Perimeter ....................... 10.9712 ft Percent full .................... 23.6610 Critical Information Critical depth .................. 0.4476 ft Critical slope .................. 0.0228 ft/ft Critical velocity 2.6835 fps Critical area ................... 0.70 ft2 Critical perimeter .............. 3.2740 ft Critical hydraulic radius ....... 0.2151 ft Critical top width .............. 3.1469 ft Specific energy ................. 0.6381 ft Minimum energy .................. 0.6714 ft Froude number ................... 1.7864 Flow condition .................. Supercritical Page 1 ?II Swale 5.txt Channel Calculator Swale 5-Revised 09-15-21 Given Input Data: Shape ........................... Trapezoidal Solving for ..................... Depth of Flow Flowrate ........................ 2.7000 cfs Slope ........................... 0.0483 ft/ft Manning's n ..................... 0.0300 Height .......................... 18.0000 in Bottom width .................... 0.0000 in Left slope ...................... 0.2500 ft/ft (V/H) Right slope ..................... 0.3300 ft/ft (V/H) Computed Results: Depth ........................... 5.3326 in Velocity ........................ 3.8895 fps Full Flowrate 69.2222 cfs Flow area ....................... 0.6942 ft2 Flow perimeter .................. 39.0037 in Hydraulic radius ................ 2.5628 in Top width ....................... 37.4900 in Area ............................ 7.9091 ft2 Perimeter ....................... 131.6546 in Percent full .................... 29.6257 Critical Information Critical depth .................. Critical slope .................. Critical velocity ............... Critical area ................... Critical perimeter .............. Critical hydraulic radius ....... Critical top width .............. Specific energy ................. Minimum energy .................. Froude number ................... Flowcondition .................. 6.1952 in 0.0217 ft/ft 2.8819 fps 0.9369 ft2 45.3125 in 2.9774 in 43.5540 in 0.6795 ft 0.7744 ft 1.4547 Supercritical Page 1 01 411 F` EAL - 31459 I `A• 1 Swale 6.txt Channel Calculator Swale - 6 Revised Given Input Data: Shape ........................... Trapezoidal Solving for ..................... Depth of Flow Flowrate ........................ 4.5200 cfs Slope ........................... 0.1011 ft/ft Manning's n ..................... 0.0300 Height .......................... 1.5000 ft Bottom width .................... 3.5000 ft Left slope ...................... 0.2500 ft/ft (V/H) Right slope ..................... 0.3300 ft/ft (V/H) Computed Results: Depth .......................... 0.2128 ft Velocity ........................ 4.9988 fps Full Flowrate ................... 194.5268 cfs Flow area ....................... 0.90 ft2 Flow perimeter .................. 5.0568 ft Hydraulic radius ................ 0.1788 ft Top width ....................... 4.9964 ft Area ............................ 13.16 ft2 Perimeter 14.4712 ft Percent full 14.1897 Critical Information Critical depth 0.3316 ft Critical slope .................. 0.0208 ft/ft Critical velocity 2.9217 fps Critical area ................... 1.55 ft2 Critical perimeter .............. 5.9253 ft Critical hydraulic radius ....... 0.2611 ft Critical top width .............. 5.8312 ft Specific energy ................. 0.6012 ft Minimum energy .................. 0.4974 ft Froude number ................... 2.0716 Flow condition .................. Supercritical Page 1 R1 Swale-7.txt Channel Calculator Swale - 7 Given Input Data: Shape Trapezoidal Solving for ..................... Depth of Flow Flowrate ........................ 5:4700 cfs Slope ........................... 0.0040 ft/ft Manning's n 0.0300 Height 2.0000 ft Bottom width .................... 2.0000 ft Left slope ...................... 0.3333 ft/ft (V/H) Right slope 0.3330 ft/ft (V/H) Computed Results: Depth 0.7138 ft Velocity ........................ 1.8499 fps Full Flowrate 53.1816 cfs Flow area 2.96 ft2 Flow perimeter 6.5167 ft Hydraulic radius 0.4538 ft Top width ... .................... 6.2852 ft Area ............................ 16.01 ft2 Perimeter 14.6554 ft Percent full 35.6900 Critical Information Critical depth 0.4810 ft Critical slope 0.0196 ft/ft Critical velocity 3.3022 fps Critical area ................... 1.66 ft2 Critical perimeter .............. 5.0437 ft Critical hydraulic radius 0.3284 ft Critical top width .............. 4.8876 ft Specific energy .................. 0.7670 ft Minimum energy .................. 0,7215 ft Froude number 0.4755 Flow condition .................. Subcritical Page 1 Swale-8.txt Channel Calculator Swale - 8 Given Input Data-. Shape ........................... Trapezoidal Solving for ..................... Depth of Flow Flowrate ........................ 8.3300 cfs Slope ........................... 0.0209 ft/ft Mann'(ng's n ..................... 0.0300 Height .......................... 2.0000 ft Bottom width .................... 2.0000 ft Left slope 0.3333 ft/ft (V/H) Right slope ..................... 0.3330 ft/ft (V/H) Computed Re s lilts : Depth 0.5849 ft Velocity 3.7919 fps Full Flowrate ................... 121.5639 cfs Flow area ....................... 2.20 ft2 Flow perimeter .................. 5.7012 ft Hydraulic radius 0.3853 ft Top width 5.5115 ft Area ............................ 16.01 ft2 Perimeter ....................... 14.6554 ft Percent full .................... 29.2460 Critical Information Critical depth 0,6029 ft Critical slope .................. 0.0185 ft/ft Critical velocity ............... 3.6265 fps Critical area 2.30 ft2 Critical perimeter .............. 5.8151 ft Critical hydraulic radius ....... 0.3950 ft Critical top width 5.6195 ft Specific Energy 0.8084 ft Minimum energy .................. 0.9044 ft Froude number ................... 1.0589 Flow condition .................. Supercritical Page 1 Pipe End-1.txt Manning Pipe Calculator Pipe End - 1 Given Input Data: Shape ............................ Circular Solving for Depth of Flow Diameter ........................ 1.5000 ft Flowrate 5.0000 cfs Slope 0.0055 ft/ft Manning's n 0.0130 Computed Results: Depth ........................... 0.8738 ft Area 1.77 ft2 Wetted Area ..................... 1.07 ft2 Wetted Perimeter ................ 2.6049 ft Perimeter 4.7124 ft Velocity ........................ 4.6798 fps Hydraulic Radius ................ 0.4102 ft Percent Full 58.2536 Pull flow Flowrate .............. 7.7902 cfs Full flow velocity 4.4084 fps Critical Information Critical depth 0.8602 ft Critical slope 0.0057 ft/ft Critical velocity ............... 4.7670 fps Critical area 1.05 ft2 Critical perimeter 2.5766 ft Critical hydraulic radius ....... 0.4071 ft Critical top width 1.5000 ft Specific energy ... 1.2136 ft Minimum energy ..... 1.2903 ft Froude number 0.9782 Flow condition Subcritical Page 1 Pipe End-3.txt Manning Pipe Calculator Open Throat DI - 2 Given Input Data: Shape Circular Solving for ..................... Depth of Flow Diameter 1.5000 ft Flowrate 9.0000 cfs Slope 0.0388 ft/ft Manning's n 0.0130 Computed Results: Depth 0.6918 ft Area ............................. 1.77 ft2 Wetted Area ..................... 0.80 ft2 Wetted Perimeter ................ 2.2397 ft Perimeter ....................... 4.7124 ft Velocity ........................ 11.3009 fps Hydraulic Radius ................ 0.3556 ft Percent Full .................... 46.1215 Full flow Flowrate .............. 20.6911 cfs Full flow velocity .............. 11.7088 fps Critical Information Critical depth .................. 1.1606 ft Critical slope .................. 0.0067 ft/ft Critical velocity ............... 6.0024 fps Critical area ................... 1.50 ft2 Critical perimeter .............. 3.1773 it Critical hydraulic radius 0.4719 ft Critical top width .............. 1.5000 ft Specific energy ................. 2.6765 ft Minimum energy 1.7408 ft Froude number ................... 2.7302 Flow condition .................. Supercritical Page 1 Appendix D Jeffrey A. Nobles, PE Culvert Sizing Calculations 4/23/2021 INPUT INFORM Project Name: Design Storm: Design Discharge # of Pipes: ]N: James Creek -Phase 2 50 year 41 cfs 2 Discharge per pipe: Q= Pipe length: L= Pipe slope: S= Headwater Depth: HW= Head under outlet control: H= Coefficients: Orifice coefficent: Entrance loss coefficient: Exit loss coefficient: Aggregate loss coefficient: Manning roughness: <rf7GVn 11VLC 1 %iVIV I MUL: Project Location: Hardy Lane Pipe invert in: 148.50 ft Maximum upstream water elev.: 154.00 ft Pipe inveit out: 147.00 ft Expected tailwater elev.: 147.50 ft 21 cfs/pipe 100.5 ft 0.015 ft/ft 5.5 ft 6.5 ft Cd = 0.65 ke = 0.5 kexit = 1.0 Ke = 1.5 n = 0.013 By FHWA chart for: pipe shape: circular pipe type: concrete under inlet control. (Exhibit 11) See Charts F-6, F-7, F-8 & F-9 of the City Entrance condition: square edge Technical Standards & Specifications Manual. By trial and error: Try D (in) HW/D Find Q (Cfs) Remark 12 5.5 no Q entered 15 4.4 no Q entered 18 3.7 19 too small 24 2.8 35 USE THIS 36 1.8 no Q entered 42 1.6 no Q entered 48 1.4 no Q entered 54 1.2 no Q entered 60 1.1 no Q entered 72 0.9 no Q entered Note: If pipe sizes 12, 15 or 70 in. are to be used, the conclusion must be entered mantially below. Conclusion: 24 in. diameter 1 of 4 Jeffrey A. Nobles, PE Culvert Sizing Calculations CHECK INLET CONTROL: By Orifice Equation: Conventional form ref equation: Q= Q=Cr,A-✓2gh Z= Can be converted to: Q=0.0437CdD2, Z-(D124) Solve for D by trial and error: Cd= Try ❑ (in) Find Q (cfs) Remark 12 9 too small 15 14 too small 18 20 too small 24 35 USE THIS 30 53 too large 36 74 too large 42 97 too large 48 122 too large 54 149 too large 60 177 too large 72 233 too large 4/23/2021 Discharge (cfs) Pipe diameter (in) Depth of water above the invert of the entrance of the pipe (ft) Coefficient of discharge in British customary units Note: If pipe sizes 12, 15 or 70 in. are to be used, the conclusion must be entered manually below. Conclusion: 24 in. diameter For inlet control, the chart and orifice equation are indicating that D= 24 in. is safe. 2 of 4 Jeffrey A. Nobles, PE Culvert Sizing Calculations 4/23/2021 CHECK OUTLET CONTROL: By FHWA chart for: pipe shape: Circular pipe type: concrete under outlet control: (Exhibit 15) Conclusion: 24 in. diameter See Charts F-11, F-12, F-14 & F-15 of the City Technical Standards & Specifications Manual. By energy balance: Za Zb=((522 Q2)/D4)( ((5096Ln2)/Dl 33)+Ke Za= Water surface elevation upstrea of the culvert (ft) Zb= Water surface elevation downstream of the culvert (ft) L= Length of the pipe (ft) Q= Discharge (cfs) D= Pipe diameter (in) n= Manning roughness coefficient Ke Aggregate loss coefficient Try D until right-hand side of equation is tolerably equal to left-hand side (Za) Try D (in) Left-hand side Right-hand side Remark 12 6.5 49.5 too small 15 6.5 16.7 too small 18 6.5 7.0 too small 24 6.5 1.8 USE THIS 30 6.5 0.7 too large 36 6.5 0.3 too large 42 6.5 0.1 too large 48 6.5 0.1 too large 54 6.5 0.0 too large 60 6.5 0.0 to; large 72 6.5 0.0 too large Note: If pipe sizes 12, 15 or 70 in. are to be used, the conclusion must be entered manually below. Conclusion: 24 in. diameter For outlet control, the chart and energy balance equation are indicating that D= 24 in. is safe. 3of4 Jeffrey A. Nobles, PE Culvert Sizing Calculations 4/23/2021 COMPARE RESULTS INLET vs. OUTLET CONTROL: Inlet control required pipe diameter is 24 inches Outlet control required pipe diameter is 24 inches Use 2 -- 24 in. circular reinforced concrete pipes with square end in headw 4 of 4 Jeffrey A. Nobles, E.I . Headwater Elevation Analysis 4/23/2021 INPUT INFORMATION: Project Name: James Farm Phase 2 Design Storm: 50 year Design Discharge: 41 ifs # of Pipes: 2 Discharge per pipe: Q= Pipe diameter: D= Pipe length. L= Pipe slope: S= Headwater Depth: HW= Head under outlet control: H= Coefficients: Orifice coefficent. Entrance loss coefficient: Exit loss coefficient: Aggregate loss coefficient: Manning roughness: n %..nr-%.►n met I I.UIV I KUL: Project Location: Hardy Lane Pipe invert in: 148.50 ft Maximum upstream water elev.: 154.00 ft Pipe invert out: 147.00 ft Expected tailwater elev.: 147.50 ft 21 cfs/pipe 24 in 100.5 ft 0.015 ft/ft 5.5 ft 6.5 ft 0.65 0.5 = 1.0 1.5 = 0.013 By FHWA chart for: pipe shape Circular pipe type: Entrance condition: If HW/D = 1.70 HW= 1.70*D= 3.4ft Headwater elevation=Pipe invert in + HW Headwater elevation= 151.90 ft By orifice equation: Converted to: Salve for Z(which is HW): Z= 2.57 ft HW= 2.57 ft RCP under inlet control. See Charts F-6, F-7, F-8 & F-9 of the City Technical Standards & Specifications Manual. Q=0.0437CdD2-\, Z-(D/24) Headwater elevation=Pipe invert in + HW Headwater elevation= 151.07 ft Assuming inlet control, upstream water level is EL= 151.90 ft 1 of 2 Jeffrey A. Nobles, E.I. Headwater Elevation Analysis 4/23/2021 CHECK OUTLET CONTROL By FHWA chart for: pipe shape Circular pipe type: RCP Read H= 1.7 ft Headwater elevation = Tailwater elev. + H Headwater elevation = 149.20 ft By energy balance: Za=Zb+((522 Q2)/U4) ((5096Ln2)/p' 33)+Ke Solve for the headwater elevation, Za: Za= 149.33 ft Headwater elevation= 149.33 ft under outlet control: (Exhibit 15) See Charts F-11, F-12, F-14 & F-15 of the City Technical Standards & Specifications Manual. Assuming inlet control, upstream water level is EL= 149.33 ft COMPARE RESULTS, INLET vs. OUTLET CONTROL: Inlet control headwater elevation = 151.90 ft. Outlet control headwater elevation = 149.33 ft. Fhe system is under Inlet control, and the estimated apstream water level is EL 151.90 ft. 2of2 Exhibit 11 0 ISO lo, o00 Isa 8,000 EXAMPLE 156 6,000 0.41! inches (3.5 fost) s' 6. 144 5,000 0.120 cfs 5. 4,000 a Nw 6 5. 132 3, 000 D foes 5' 4. 12 D 8.8 4. 2,000 (2) 2.1 7.4 106 (3) f .2 7.7 91 3. so is fee S. 96 1.000 3. 2•$' a00 84 600 --� -- 500 / 72 400 a 2. Z toon / x 60 200 F 1.5 A Z W S4 a W 100 46 �/ so -J Q 3; �2 60 W 1.0 1.0 tU o 5 `SCALE ENTRANCE O G TYPE W I.0 W ~ 36 3 I) Somers adp with 49 9 .9 aW 33 n.era.■rl o .9 0 20 (2) Greore sod with 3D hood■■II (3) Groove end •5 27 Prejoctinf 10 24 7 .7 T� 6 To use seals (2) or (3) project 21,• 5 horizontally to seals (1),then 4 use str■loht l■clins4 line througla ` a and 0 stoles, or rorerse as 3 illustrated. .6 .6 �g Is 2 15 1.0 •5 5 .5 12 HEADWATER DEPTH FOR CONCRETE PIPE CULVERTS HEADWATER SCALES 283 REVISED MAY 1964 WITH INLET CONTROL twREAU Of .t*LIC ROADS ,,nog 1W VI-11 Exhibit 15 Ee 2000 M a 4 IDDD = W ? j � Slept So— SUBMERGED 01}TLET CULVERT FLOWING FULL [r .wJ e0D 120 For ovj$sf Gown no, w bmwro$a, empyls Mw er Nl w l""s criM/ M "w de"p P"Ma NO 5 600 108 SOD 96 b 400 1.0 84 300 72 / � 200 66 [�Y �LLI 1-7 60 Es .2 54 / r�T ui x 0.48 L •110 i W 48 _._ ke-O.s `QD g' x 3 100 z �= / 42 0. OA D 60 0 a 4.� iu 4 C X O 3 6 _ S LA5D 33 .100FpD J 0w SO i— R40 .100 6 Ld 1 30 40 2 .100 ;� 9 s • v 30 24 .a 10 2D 21 le 20 l0 15 s 6 12 S 4 HEAD FOR CONCRETE PIPE CULVERTS FLOWING FULL wAEau OF ►ML1C qo&= wr. 1�3 n s O. ❑ 12 VI-15 Appendix E User Input Data Calculated Value Reference Data Designed By: JAN, PE Date: 3/12/2021 Checked By: Date: Company: Larry King & Assoc. Project Name: James Creek Phase 2 Proiect No.: Site Location (City/Town) Raeford, NC Culvert Id. HW-5 & 6 Total Drainage Area (acres) 11.27 Step 1. Determine the taihvater depili from channel characteristics below the pipe outlet for the design capacity of the pipe If the tailwater depth is less than half the outlet pipe diameter_ it is classified inuunnuun t-ulivater condition If it is greater than half the pipe ch unetei. it is classified in&xunurn condition. Pipes that outlet onto v, ide fiat areas with no defined channel are assuined to have a iiiininiuun tailwater condition unless reliable flood stage elevations sho'x otherwise. Outlet pipe diameter, Do (in.) Tailwater depth (in.) Minimum/Maximum tailwater? Discharge (cfs) Velocity (ft./s) 24 0 Min TW (Fig. 8.06a) 21 11 Step 2. Based on the taitwater conditions determined in step 1. enter Figure S.06a or Figure 8_06b. and determine d,, riprap Size and minimurn apron length (L.). The dr size is the median stone size in a .ti-ell-graded riprap apron. Step 3. Detennine apron width at the pipe outlet. the apron shape. and the apron v idth at the outlet end front the saute firr::re used in Step _'. Minimum TW Figure 8.06a Riprap d50, (ft.) 0.4 Maximum TW Figure 8.06b Minimum apron length, La (ft.) 16 Apron width at pipe outlet (ft.) 6 6 Apron shape Apron width at outlet end (ft.) 18 2 wtel 4 . 'rliiiine the nlaximuiii stone diameter d�3_ 1.5 x d,,U Minimum TW Max Stone Diameter, dmax (ft.) 0.6 Step ;. Determine the apion thickness: Apron Thickness(ft.) Apron thickness = 1.5 x d, , Minimum TW 0.9 Maximum TW 0 Maximum TW 0 Step 6. Fit the npiap ,prod to the site by n ak-ing it level for the n'ninitanl length 1... from Figure 8 06a of Figure 8 06b Extend the apron f rther do« nstream and along channel banks until ,tabihn• is assured. Deep the apron as straight as possible and align it with the floe- of the receiving stream tilake an,%- necessary aligninent bends near the pipe outlet so that rlie entrance alto the reeeivnig stream is straight. Some locations may require lining of the entire channel cioss section to as;iue stabilin, It may be necessary to inci e:+se the size of riprap where protection of tilt' chalwel side slopes is iiecessan' s_4PROldi.v 8.05). Where overfills exist at Pipe outlets or $o',c•s are excessive a plunge pool should be considered see page 8 06.8 User Input Data Calculated Value Reference Data Designed By: JAN, PE Date: 3/12/2021 Checked By: Date: Company: Larry King & Assoc. Project Name: James Creek Phase 2 Proiect No.: Site Location (City/Town) Raeford, NC Culvert Id. PIPE END 1 Total Drainage Area (acres) 1.2 Step 1. Deternitne the tallwater depth from channel characteristics below the pipe outlet for the design capacity of the pipe. If the tailwater depth is less than hatf the outlet pipe dutineter, it is classified mininnun tailwater condition If it is greater than half the pipe diameter. it is classified nnaxunnum condition. Pipes that outlet unto wide flat areas -with no defined channel are assimied to have a tt uninuun taail%% ater condition unless rehable flood stage elevations sho,as- othenvise. Outlet pipe diameter, Do (in.) Tailwater depth (in.) Minimum/Maximum tailwater? Discharge (cfs) Velocity (ft./s) 18 0 Min TW (Fig. 8.06a) 4.21 4.5 Stets ;. Based oil tine tailwater conditions deternntned in step 1 eintei F.,juke 8.06a or Figure S.06b: and determine duo riprap size and miniintim apron length (L�,). The d— size is the median stone size ui a «well -graded riprap apron. Step 3. Detennnine apron uvidth at the pipe outlet. the apron shape. and the apron ts°idth at the outlet end from the same figure used in Step _- Minimum TW Riprap d50, (ft.) 0.3 Maximum TW Figure 8.06b Minimum apron length, La (ft.) 10 Apron width at pipe outlet (ft.) 4.5 4.5 Apron shape Apron width at outlet end (ft.) 11.5 1.5 ,taep 4. Determine the i1na�urnui n stone diameter: dir39 = 1,5 x dso Minimum TW Max Stone Diameter, dmax (ft.) 6.45 Step 5. Determine the apron tluel;.ness: Apron Thickness(ft.) Apron thickness = I Minimum TW 0.675 Maximum TW 0 Maximum TW 0 Step 6. Fit the riprap apron to the site by making it level for the illiilinlum length L.' front. Figure 8.06a or Figure 8 06b Extend the apron farther do,w nstreanl and along channel banks until stabilin is assured. Keep the apron as Straight as possible and align it with the floss• of the receivilig streiinn Make a114' necessan' alisnuilent bends near the pipc outlet so that the entrance into the receiving stream is straight. Some locations inlay require lining of the entire chaiiilel cross section to assure stabilirv. It niav be necessar}' to increase the size of rlprap v.-here protection of the clialuiel side slopes is necessan' (_3PPCII&A 8.05). Where overfalls emst ai Pipe outlets or tloss-s are excessive. a plunge pool should be considered. see page 8.06.8 Figure 8.06a: Design of outlet protection from a round pipe flowing full, minimum tailwater condition (Tw<0.5 diameter) �.►.e��.�itl��rarafr.�r _ .�.�� a 3 2 CO CL 1 � jJO 1000 Curves may not be extrapolated. Figure 8.06a Dosign of outlet protection protection from a round pipe flowing full, minimum tailwater condition (Tw c 0.5 diameter). Rev. IV93 8.063 Appendix F �Jr'� 1� �� `' r ys ` .i — I I ^.�_` �.5 a.v � / _ 1] :��_ �,'j� 4 •{�r `r- �. .. .pt,_• - ''a `�, I � - ..a- ;....,�� dam~ ,�.,_ � 'r •, r �.,.f ` -'}. •_ - •'� �� Iti,' •}� � ..�1 + � , �� fir; J� — -- _ �r U "� --, � 'SITE: !i C - `'' . �• `-�.�-. � - �� ; .: � ,�• � ;' 146E : r _ C _ - it • -��c Pl OP el - � � '�-' • }•� ~�. � . yam- • . . f...� • - � • �. I� `_ `•ti -�" _ [ ram: 1+ �- Ity . Jt--- op 1r441 Ami •T � F it f _• { � Ab- 1713 77r �flr 0 I M 0.5 0 .5 MFt Map provided by MyTopo.com Appendix G Southeastern Soil & Environmental Associates, Inc. P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (910) 822-4540 Email mike@southeasiernsoil.com June 6, 2018 Mr. Ben Stout PO Box 53798 Fayetteville, NC 28305 Re: Detailed wetland investigation, portion of JG Hughes properties, PIN's 494830101001 & 494830101002, Creek Valley Road, Hoke County, North Carolina Dear Mr. Stout, A site investigation has been conducted for portions of the above referenced properties at your request. The purpose of the investigation was to determine the existence and extent of areas that exhibit the characteristics of jurisdictional wetlands under Section 404 of the Clean Water Act. All wetland determinations and delineations were made in accordance with the 1987 US Army Corps of Engineers Wetland Delineation Manual. This report only represents my professional opinion. It does not represent concurrence by the US Army Corps of Engineers (USAGE). The project boundary (east of Gulley Branch) was walked and several traverses conducted across the interior of the subject property. Areas of wetlands/streams were identified in the subject area. The boundaries were delineated on the ground by placing flagging (pink glo) along the perimeter and numbering the flags consecutively as annotated on the enclosed GPS map (not a survey). Flagged points, of course, only represent my opinion as to actual wetland locations. As with any delineation, flagged points could be relocated once the USACE evaluates the site (Jurisdictional Determination). We will submit the documentation to USACE to request their site visit and Jurisdictional Determination once we have received the executed agent authorization forms we sent you. Once the USACE concurs with the proposed wetland point locations, you will need to have your surveyor locate all points and prepare a map to present to USACE for final approval. SOfUSITE EVALUATION a SOIL PHYSICAL ANALYSIS • LAND USE/SUBDIVISION PLANNING • WETLANDS GROUNDWATER DRAINAGE/MOUNDING • SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN If any proposed impacts to wetland areas are proposed, a permit must be obtained from and the NC Division of Water Resources. 1 trust this is the information v_ ou require at this time. Please feel free to call with questions. Sincerely, A�� --- — Mike Eaker President P.O. Box 9321 Fayetteville, NC 28311 Phone/Fax (Eliol AP9-45an m SOIUSI j EVALUATION - SOIL PHYSICAL ANALYSIS a LAND USE/SUBDIVISION PLANNING s WETLANDS GROUNDWA I ER M IAINAGE/MOUNDING - SURFACE/SUBSURFACE WASTE TREATMENT SYSTEMS, EVALUATION & DESIGN Appendix H B No t,i Caroline aecrutaty cf • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online n Add Entity to My Email Notification List • View Filin-s • Print an Amended a Annual Report form - Print a Pre -Populated Annual Report form Limited Liabilit_, Co pan - Legal Name BSNJ Land LLC Information Sosld: 1700257 Status: Current -Active Annual Report St, tu3: Current Citizenship: Domestic Date Formed: 5/8/2018 Registered Agent: Stout, Benjamin A Addresses Mailing 409 Chicago Dr Unit 103 Fayetteville, NC 28306 Reel Mailing 409 Chicago Dr Unit 103 Fayetteville, NC 28306 Company Officials Principal Office 409 Chicago Dr Unit 103 Fayetteville, NC 28306 Reg Office 409 Chicago Dr Unit 103 Fayetteville, NC 28306 All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. httns://ww%N.sosnc.ctrw/onlir•.e_selvices/search/BL]siness_Rer;isira I f2esL 1/1 FILED Jul 10, 2018 BOOK 01235 02.31.37 join PAGE 0529 oo-lu 0540 FILED HOK COU NC INSTRUMENT # 03959 COOUNT brLY, :A LE D. r'IU12STST RECORDING $64.00 REGISTER EXCISE TAX (None) of DEEas FLB DEED OF TRUST SECURING FUTURE ADVANCES RECORDATION REQUESTED BY: A-b461rne.1/ 5A cur_ _6"V\.0 LUMBEE GUARANTY BANK, LAKE RIM BRANCH, 2315 BLOOM AVENUE, FAYETTEVILLE, NC 28304 WHEN RECOIIDED MAIL TO: r ��U ,� SA -eve P .ram lie -J�- `t !9,-9-`,— I a SEND TAX NOTICES TO: BSNJ LAND, LLC; 409 CHICAGO DRIVE UNIT 103; FAYETTEVILLE, NC 28306-1587 This Deed of Trust prepared by: X STEVE dUNCE THIS DEED OF TRUST is dated July 10, 2018, among BSNJ LAND, LLC, whose address is 409 CHICAGO DRIVE UNIT 103, FAYETTEVILLE, NC 28306-1587 ("Grantor"); LUMBEE GUARANTY FANU.., whose address is LAKE RIM BRANCH, 2315 BLOOM AVENU" FAYETTEVILLE, NC 28304 (referred to below sometimes as "Lander" and sometimes as "Beneficiary"); and ARLIE JACOBS, whosrr address is PO 13OX 999, PEMBROKE, NC ..o 172 (referred to below as "Trustee"). CtfrdVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancemer,ts and other sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection lincluding attnrn-ys' fees as provided in the Note) and othr.r valuable consideration, the receipt of which is hereby ucknowle ..-I, Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and ronvoy to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or .subsequently erected or affixed buildings, improvements and tlXtUros; all easements, rights of way, arc) appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rightsl: and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HOKE County, fitnt, of North Carr'h-_: See SCHEDULE A. which is attached to this Dead of Trust and made a part of this Deed of Trust es if fully set forth herein. Tha Real Property or its address is ::".runnnly known as 34 VACANT LOTS @ ROCKFISH DEVELOPMENI SUB/DIV, RAEFORD, NC 28376, To have and to hold said Real Property with all privileges and appurtenances tnwrunto b.Ionging, to the Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter set forth. Grantor presently dssigrs to Lender (also known as Beneficiary in this Deed of TrUStf all of Grantor',, right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In uddition, Grantor grants to Lender d Uniform Commercial Code security interest in the Porannal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNFSC AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: FUTURE ADVANCES. The Indebtedness secured by this Deed of Trust is for present and future advances and/or present and future obligations that may from time to time be made or incurred under this Deed of Trust and this Deed of Trust is given to secure all present and future advances and/or..idljl,iions made J cr incurred by Grantor. The period in which future advances may he 'trade and/or future obligations tray be incurred and secured by this Doed of Trust is the perio(i between the date hereof and that date which is thirty (30) years n DEED OF TRUST Loan too: 15199 (Continued) Page 2 from the date hereof. Tho amount of present obligations secured by this Deed of Trust is Two Hundred Fifty-one Thousand Nine Hundred Ninety four & 30/100 Dollars ($251,994.30) and the maximum principal amour,t, including present and future advances and/or obligations, that may be secured by thie Deed of Trust at any one [line is Six Hundred Fifteen Thousand & 00/100 Dollars ($615,000.00.) This Deed of Trust shall also secure all payments made, sums advanced, and expenses incurred by Lender (A) for insurance, taxes, and assessments, (6) to protect Lender's interest under this Deed of Trust, or IC) to preserve and protect the value or condition of the Real Property encumbered by this Deed of Trust and shall have the same priority as it they had been paid, advanced or incurred at the tune this Deed of Trust was registered. Further advances may be rnade and additional obligations secured by this Deed of Trust may to incurred from time to time within the thirty (30) year time limit fixed by this Deed of Trust, provided that the maximum principal amount of obligations outstanding at any one time shall not exceed the r!n- amount set forth above. All future advances and/or obligations shall be considered to be made or incurred pursuant to the requirements of North Carolina General Statutes Section, 45-67, et. seq., or any amendments thereto. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTFNANCF OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions - Possession and Use. Until the occurrenre of an Event of Default, Grantor may (11 r,w- , n in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rcnte from the Property. DutV to Maintain. Grantor shall maintain the Property in tenantable coedtlon and prompil- , r'• rm all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Lnws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, ganer3tlon, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from tho'Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except , previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lunder's purposes only and shall not be construed to create any responsioility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Granto; hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor baromcs liable for cleanup or other costs under any such laws; an 1 (2) agrees to indemnify, defend, and ho'd harmless; Lender against any and all claims, fosses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threaw;-ad release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trus•, including the obligation to indemnify and defend, shall sur•rve the payment of the Indebtedness and the satisfaction and reconveyanre of the lien of this Geed of Trust and shall not be affected ny Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nt l;,ence, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without Iimiting the generality of the foregoing, Grantor will not remove or grant to any other party the right to remove, any timber, mirerals (including oil and pas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior writtrn consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonabl: times to attend to Lender's interests and to inspect the Real Property for pwp(ses of Grantor's compliance with the terms and conditions of this Deud of Irust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities apjjiirdble to the use or I-K I::JS 65'i'i DEED OF TRU01 Loan No: 15199 (Continued) Page 3 occupancy of thu Property, including without limitation, the Americans With Disabilities Art. Grantor may cortest in good faith any such law, ordinance, or regulation and withhold compliance during any pruceedln.;, including appropriate appeals, so long as Grantor has notified Lender in writing prior to cluing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to ' ender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE . CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property, A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If' any Kantor is a rorporation, partnership or limited liability company, transfer also includes any channe in ownership of more than twenty five percent t25%) of the voting stock, partnership interests or linnted liability company interests. as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exerc,se �s prohibited by federal law or by North Carolina law. TAXES AND LIENS, The following provisions relating to the taxes and liens or, the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) 0 taxes, special taxes, assessments, charges (including water and sewer), fines and impositions !,-vied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property tree of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. (tight to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection witf- a good faith dispute over the obligation to pay, so long as Lender's interest it the Property is not jeopardized. If d lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, it a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien, In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety hond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory ewden,;e of payment nr the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender it any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (151 days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any m:, hanic's lien, materialman's lien, or other lien could be asserted on account of the work, ser ions, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander !bat Grantor ran and will pay the cast of such improvements. PROPERTY DANIAGI INSURANZE. The following provisions refer g to insuring the Property are a p,rt of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain po6aes of ' e iiisurance with standard extended roverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amounk sufficient to avoid application of any coinsurance clausa. and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with rrustee and Lender betnll named as additional insureds in such liability insurance p,r .'•_ Additionally Grantor shall maint,in such other insurance, inclueing but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grontnr, Upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an a•idorsemeot providing that ruvcrage in favor of lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the fup unpaid pnncipai balance of the loan and any prior hens on the property sonuring the loan, up to the maefmum DEED OF TRUST Loan No: 15',99 (Continued) Page 4 policy lin.its set under the National Flood Insurance Program, or as otherwise: required by Lender, and to r ,aintam such insurance for the tL, In of 11he loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender -,ay make proof of foss If Grantor fails to do so within fifteen 115) days of the casualty. Whether a, not Lender's security is impaired, Lender may, at I tinder's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of r-pa r or restoration if Granter is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days afte. their receipt and vnir:h Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accru-.d interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in ful! of the Indebtedness, such proceeds shall be paid to Gre,ntor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, t.ranto, sha I furnish to Lender a report on each existing pnlicy of insurance showing: (1) the narne of the insurer; (2) the risks insured; (3) the amount of the policy; (41, the property insured, the then current replacement value of such property, and the manner of determining that value; and (St the expiration data of true policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value repiar.ement cost of the Property, LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lerder's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated tot take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All suet expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note front the date incurred or paid by Lender to the slate of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity, The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provib ons relating to ownership of the Property :,re a part or this Deed of Trust: Title. Grantor warrants that: (al Grantor holds good anc marketable title of facord to the Property i.- fee simplu, free and clear of all liens and encumbrances other than those set forth in the; Real Prupurty description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection wttn this Deed of Trust, and Ili) Grantor has the full right, flower, and authority to exucwe rod deliver this Deed of Trust to Lender. Defanse of Title. Subject to the exception in the paragraph above, Grantor warrants and vrtD fcruvar defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Derd of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender sh0 be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Laridar such instruments as Lender may request from time to time to permit such participation. Con pliance With Laws. Grantor warrants that the Property and Grantor's use of the Property compl-es with all existing applicable laws, ordinances, +r r. regulations of governmental authorities. Survival of Representations and Warranties. All representations, warrant s, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall he cunt.nuintl in nature, and shall irnnatn in full force and effect until such time as Grantor's Indebtedness shall be paid in full. ^crvr)EMNATION. The following provisions relating to condemnation proreedinrgs are a part of this Deed of Trust: Proceedings. If ary proceeding in condemnation is filed, Grantor shall promptly Pauly Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obta;n the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be deliveied to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemnuri by em-nent dom vo GEED OF TRUST I oa-, No: 151";; (Continued) Page 5 proceedings or by any proceeding or purchase in lieu of condernation, Lender may at its elect on recuire that all or any portion of the net proceeds of the award be appliud to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and atlurneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The followinq provisions relating to governmental taxes, fees and of arges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by I onder, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lander to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, z5 described below, together with all e:,penses incurred in record:,rtt, perfecting or continuing lAs Deed of Trust, i i,jaring without limitation all taxes, fees, docuni•tnr,ry stamps, ano n:her charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which th'.s section applies: (1) a specific to • upon th:s type. of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indehted.tess secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and W a specific tax on all or any portion of the Indebtedne: s or on payments of principal and interest made by Grantor. Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this peed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisir rrs relating to this Deed of Trust as E. ecurity agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the; Uniform Commercial Code as amended from time to time. Security Interest. Upon rer,uest by Lender, Grantor shall take whatever action is requested uy Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personai Property from the Property. Upon default, Grantor shall assemble any Personal Property not aft xed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender withir flit e (g1 days after receipt of written demand from Lender to thr, extent permitted by apnlicahle law. Addresses. The mailing addresses of Grantor (detior) and Lender is :cured party( from which rnfornatiwn concerning the security interest granted by this Deed of Trust may be obta'ned (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust FURTHER ASSURANCES, ATTORNEY -IN -FACT. The fuilowing provisions relating to further assuianccs an f attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be trade, executed or delivered, to Lender or to Lender's designee, bnd when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be at such times and in such offices and places as Lender may deem appropriate, any and 0 such mortgages, d,eds of oust, security deeds, security agreements, financing statements, continuation statements, instrwnents of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and 12) the liens and security interests created by this Duel of Trust as first and prior liens on the Property, whether now ownod or hereafter acquired by Grantor. The lien of this Deed of Trust and the security interest granted hereby will outornaucully attach, without further act, to all after -acquired property atta,:hed to and or used in the operation of the Properly or any part thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Att,�rr ey-on-Fact. if Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantors attorney in -fact for the purpnse of making„ executing, delivi.ring, filing, recording, and do!ng all otner things as may be necessary or desirable, in Lender's sole opinion, to accumpfish the matters referred to in the precedirfl paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtudness when due, and otherwise performs all the obligations imposed upon Grantor under this need -f Trust, Lender shall submit 1, r recording a satisfaction of DEED OF TRUST Loan No: 15199 (Continued) Page 6 security Instrument and shell execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security nterest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. DEFAULT. Edch of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments, Failure of Grantor within the time required by this Deed of Trust to me'ke any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect d,scharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with •r to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Nota or in any 0 the Related Documents False Statements. Any warranty, representation or statement made or furnshed to Lender by Grnmor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter, Defective Coll ateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any t me and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is model, any member w.thdraws from the limited liability company, or any other t minatfon of Grantor's exibtunce as a going business or the death of any member, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, ary type of creditor v.u. t out, or the c. mmencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeituro Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, sel`-help, repossession or any other method, by any creditor of Grantor or by any governmental 9gency against any propel ty securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, witn Lender. However, this Event of Default shall not appiy it there is a good f„i•h dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety boon for the creditor or forfeiture pronei ding, in an amount determ;ned by Lender, in its sole discretion, as being an adequate reserve of bond for the dispute. Breach of Other Agreeme! I. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied withir, any grace period provided therein, including witFnul limitation any agreement concern,ng any indebtedness or other obligation of Grantor to Lender whethia existing now or later - Events Affecting Guarantor. Any of the p,ucading ovents ocr.Lrs with respect to urty Guarantor ni ur,y of the Indebtedness or nny Guarantor dies or benumbs incompetent, of revoke:, of dispates the validity of or liability under, any Guararty of the Indebtedness. Adverse Charge. A material adverse Change ucr-ars in Grantor's financial condtion, cr Lend.;, b,zliev, s the protpect of payment or performancN of the Indebtedness is impaired. insecuHty. Lender in good faun believes itself insecure. Right to C11L. If any default, other then a default in payment, is curable •tnd ;: Grantor has not peen given o notice o! a breach of the sarne provision of this Deed of Trust within the preceding twelve (12) mnr,ths, ft may be (,tired if Grantor, after Lender sends written notice to Grantor demanding cure of such default: (1) cuf s the dufault within fifteen 115) days; or (2) if the cure requires more than fifteen 05) day(, i-nmeofately initiates steps which Lender deems fn Lender's sole dibcretion to be bufficiont to cure tl,e default and there,r[wr continues and completes all reasonable and necessary ste,is sufflri fit to produce compliance as soon as reasonably practical, RIGHTS AND REMEDIES ON DEFAULT, If an Event of Default occurs under this Deed of Truat.::t any um.: thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall net exclude pursuit of any other remedy, and an election to make expenditures or to taxo action to perform an obligation of Graf,tor under thin Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a cefault and exercise its reined'ies. Accelerate indebtedness. Lender shall have the, right at its option without notice to Granlor to declara the entire Indebtedness immediately due and payable, including any prepayment pennity which Grantor would tie required to pay. Express Power of Salo Provision. Upor the application or request of Lender, it sh,'I (ie !m4!td fin astr, 6e DK 1236 PG 053: DEED OF TRUST Loan i4o: 15199 (Continued) Page ; outy of the Trustee, and the Trustee is hereby authorised and empowered, to expose to safe and to sell the Property at public auction for cash, after having first complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained In deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the purchaser in fee simple. In the event of any s9le under this Deed of Trust by virtue of the exercise of the rowers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise, the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General Statute Chapter 45. It Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, ur til the entire Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter turther secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease, or Other s-ir A,ity instruments, Lender may at its option exercise the remedies granted under any of the security agreements either concurrently or independently and in such order as Lender may date - Foreclosure. With respect to all or eny part of the Real Property, the Trustee shall have the right to foreclose by notice and sal-, and Lender shall have the right to for•;c ose by judicial torP,dldaUre, ,n either case in acr.or,lance with anO, to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lander shall have all the rights a,-d remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lander shall have the right, without notice to Grantor to take possesdon of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Granter's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiato the same and r.oliect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satiety the obligatiuns for which the payments are made, whether or not any proper grounds for the demand existed Lender may exercise :ts rights under this subparagraph either in person, by agent, or through a receiver, Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or ,ir y part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the recuiversh•p, against the Indebtedness. The receiver may serve without bond if permuted by law. Lender's right to the appointment of a receiver shall exist whether Or no; the apparent velue of the Property exceeds the Indebtedness by a substantial amount. Empwyment by Lender shall not disqualify j person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Gr-lntor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vw,..ate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lend.nr shill have any other right or ran,eoy provide(l n tills om-.4l of Trust or the Note or available at lave or it equity. Notice of Sale. Lender sha,l give Grantor reasonable rotice of the t;,ne dr)d place of any lwhl,,. Safe of 1119 f ursoral Property or of the time after which any private sale or otl-;:r intended diul ositicn of the Personal Property is to be made. Reasonable nnti a shall mean notice given at least ten (10; days be'ly' the times of tl.e sale or disposition. Any sdle of tn- Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waivr.,, any anri all riuhp; to have the Property marshalled. In exercisirg its rights and remedies, the Trustee or U-.nd• l- shall he fret - to sell all or any part of tha Property together or separately, in one sale or by separate sales. Lender $flail be •tr titled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the turret of this Dead of Trust, Lender shall be en -led to recover such sum as the court may adjudge reaso• de. as attorneys' fees at trial and upon any dppeal. Whether or not any court action is involved, and to the extent nor prohibited by law, all teasonable expenses Lender incurs that in Lender's opinion are nececsary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Ind.btedness payable on demand and shall beer ,merest at the Note rate from the date of the expenditure until repaid. Expens=s covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal e.tpenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceeJings (including effer-s tO modify or vacate any automatic stay or injunction), appeals, and any anucipatud post -judyment r_•Arctir.n services, the cost of searching records, Obtaining title reports (including toreclasure • • rts), surv.,yors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by ultpiicabN, law. Grantor also will pay any court costs, in addition to all other sums provide,f by law Rights of Trustee. Trustee shall have all of the rights and duties of Lender as spt tor,h in this se._uan E;K 12'J 13rtin 05.3U DEED OF TRUST Loa i No: 15199 (Continued) Page B POWERS AND 03LICATIONS OF TRU-TEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, TrUStee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor; (a) join In preparing and filing a map or plat of the Real Property, including the dediral. o.i of stme•s or other rights to the public; (h) join in granting any easement or creating any restrictior on the Real Property; and (c) join in any subardinatior or other agreement affecting this Dead of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. in addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicabla law. Trustee's Fees. The Trustee's commission shall be five percent (51/j) of the gross procueris of the sale for a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay a,! expenses incurred by Trustee and partial commission computed on five percent (5%) of the uutct.andir,y Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issura a notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hoa,tng, three -fourths of the commission after a hearing; and the full commission after the initial sale, Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any hrne and from time to time without limit the Trustee named in this Deed of Trust without notice or causa and to appoint a successur by an instrument in wiitu ,;, duly acknowledged, in such a form as to ent;tie such written instrument to be recorded in the State of North Carolina; and, in the event of the death or resignation of the Trustee named in this Deed of Trust, Lender shall have the righ, to appoint a s _ressor by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and shall possess all the powers, duties and obligations herein conferred on the Trustee in the Sarno ma,tner and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and arty notice of sale shall be given in writing, and shall be effective when actually dulivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as h,st class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of thi. Dued of TrUSt. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the Other parties, specifying that the purpose of the notice is to change the party's address. f-,n notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to al! Grantors. MISCELLANEOUS PROVISIONS. The following mfsoylaneous provisions are a part at this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the enure understanding and agreement of the parties as to the matters set forth in this Dead of Trust. No alteration of or amendment to this Deed o Trust shall be effective unless (liven in writing and signed by the party or parties sought to be charged or fount' oy the alteration or amendment. Annual Reports, If the Property is used for purnuses other than Groirtcr's if siduni!i, Graniur a: all Ita-kiar, to Lender, upon request, a cert,fied statement of net operating ircome received from the Plonerty dunnc,• Grantor's previous fiscal year in such form and detail as Lender shall recuire. "Net operating rncnm.a" sf.:,ll mean all cash receipts from the Property less all cash expenditures made 'n cunrrctlon with the one, abort rf the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purpose,;, ur.ly and ^.r': not to be used to interpret or define the provisions of this Deed of Trust. Merger. Thcro shall be no merger of the interest or estate created by this Deed of Trust with, any wher interest or estate in the Property at any time hold by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of North Carolina without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Leader in the State of North Carolina. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the orisdictton of the courts of CUMBERLAND County, State of North Carolina, No Waiver by Lender. Lender shall not be deemed to have walved any rights under this Coed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of Such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of l rust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any nl Lender's rights or of any of Grantor's obligdtions as to any future transactions. Whenuver the consent t,f Landes is required under this Deed of Trust, the granting of such consent by Lender in any in-,tanco shall Dr: 1235 PG 0537 DEED OF TRUST Loan No: 15199 (Continued) Page 9 not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Soveratiil'ty. If a court of compoenl jurisdiction finds any provision of this Dried of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall nut make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot he so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceabifity of any provision of this Deed of Trust shall not dffuct th r legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deec of Trust on t ansfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the )arties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without nntice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Tnist. DEFINITIONS. The fo'.bwnng capitalized words and terns shall have the following mean;nns when used :n this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include th; singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means LUMBEE GUARANTY BANK, and its succes�crs and assigns. B,nronvt,r. The word 'Borrower" means BSNJ LAND, LLC and includes all co-signers and L;o-roakers signing the Note -+nd all their successors and assigns. Geed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Defouit," means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Enviror.mtntal Laws" mean any and all state, federal and Inral statutes, regulations and ordinances relaliny to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liabill;7 Act of 1980, as amended, 42 U.S C. Section 9601, et seq. ("CFRCLA"), the Superfund Amendments and Reauthorzdtinn Act of 1986, Pub, L. No. 99-499 i"SARA"), the Hazardous Materials Transportation Act, 49 LI.G.C. Section 1801, at seq., the Resource Conservation and Pecovery Act, 42 U.S.C. Section 6901, et set., or other applicable state or federid laws, rules, or regulations adopted pursuant therno. Evunt of Default. The warns "Event of Default" mean any if the events of difni it sut forth .n this Deed of Trust in the Bela,,ll secuori of this Deed of Trust. G actor. The word "Grantor" mn.ans BSNJ LAND, LLC. ivarantui. The word 'Guarantor" rnuans any guarantor, sorely, of arcommddi,tion party of :,r., w pll - t the hidebtidness. Guaranty. 11,e word "Guaranty" means the guaranty from Guarantor to Lender, incl,idinn without lannat,.tn a guar arty Or all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentra;ion or physical, chemical or infectious characteristics, may cause or pose a i rearm or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, ,joneratud, manufactured, transported or otherwise handled, The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defineo by or listed under the Environmental Laws. The term "Hazardous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction therEof and asbestos. Improvements. The word "Impruvemenls" means all exist.ng and future imorovc —penis, bt.iidings, structures, mobile homes affixed on the Rhal Property, faci sties, additions, replacements anti other construction on the Real Property. Indebtedness. 'word "Indebtedness" means all principal, interest, and other )mounts, costs and expenses payable under the Note or (-,elated Documents, together with all renewals of, extensions •):, modifications of, consolidations of and siibstitutio ,!. for the Note or Related Documents and any amotints e.,pended nr advanced by Lender io discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deets of Trust, together with interest on such amounts as prov;'ed :n this Deed of Trust, f air!.!r. The word "Lencler" means LUMBEE GUARANTY BANK, its successors i nd as signs. Noto. The ward 'Note" means the prmn.ssory note rated July 10, 2018, in thh original ri•Incipil amount DWED Or TSU5`i' Loan No: 1,9109 (Continued) Page 10 of 9Gv5,000.00 tram Grantor to Lender, together with all renewals ol, extersions ol, modifications of retina*icings of, cunsolidations of, and substitutions for the promissory note or agreement NOTICE e GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Prv-.,:rry. The words 'Personal Property" mean all equipment, fixtures, and othu, nrticle,: of pnrsa.: property now or hereafter owned by Grurtor, and now or hereafter attached or ,,ffrxed to the Real Propcnr ; together ovith all accessions, parts, and aadrtions to, all replacements at, and all substivitions'or, any of such property; and togethe• with all proceeds (including without limitation all ir,surance proceeds and rofunds of premiums) from any sale or other disposition of the Property •r;u,rty. The word "Property" means collectively the Real Property and the Porsonal Property, I'l. Property. The words "Real Property" mean the real property, interests and rights, as further r[escrhed in this Oced of Trust. Related Locum .rts. The words "Rotated Documents" mean ali promissory notes, credit a,ireom W., loan agreements, envirar-mental agreements, guaranties, security agreements, mortgages doreds of trust security deeds, collateral mortgages, and all other instruments, agreements and documents, whether r-mv or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, inrome, ,ssues roti tlnu, profls, and other honefits derived from the Property. Trustee, Th. word "Trustee" means ARLIE JACOBS, whose address is PO BOY 909, PEMBROKE,'JC 2K72 and any substitute or successor trustees. GU,,!,OR ACK;'OWLEDGES HAV !G READ ALL THE :ROVISIONS OF THIS DIED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: E1SNJ 146 ; By: 4 BENJA,.- 1 .4 S- Man,rrJer of BSNJ LANG, LLC NA ri ;—k fEL r `r �,N JOHN50rl; ., ar.agor of BSNJ LAND, LLC DEED OF TRUST Loan No: 15159 (Continued) Nara 11 LIAIITFD LIABILITY COMPANY ACKNOWLEDGMENT STATE OF hVo A �A r ) SS COUNTY OF i a A,N\b crAa-\P—d ) I. t ,G _); �. N t a Notary Public for said County anJ 5tat-�, certify that BENJAMIN d-LKN STOUT, Manager of BSNJ LAND, LLC and NATHANIEL LYMAN JOHNsON, Manager of BSNJ LAND, LLC personally came before me this day and acknowledged the due executi-m of the foregoing instrument in writing by themselves for BSNJ LAND, LLC, a limited liability company for the u:;a,t and purposes therein set forth. 7� Witness my hand and Notarial this the V� day of --,TL.L�y 20 1 17 Notary Public My Commission Expires: i 1 ROBIN N. MOSER { Aff x Notarial Seal Here) Notary Public Randolph Courdy,li u Lase,Pro, Ver. 18.1.0.D35 Copr. Finastra USA Corporation 1997, 2018 All Rights P.Lswveu. *JC D:�APPS\CFIILPL G01.FC TR-28237 PR-COMRELN Schedule A - To be attached to and made a part of that certain Deed of Trust from SSNJ Land, LLC to Arlie Jacobs, Trustee for Lumbee Guaranty Bank. LYING in Mciauchlin Township, Hok,3 County, North Carolina: Bounded on the north by: the tract as conveyed to Robert W. Simpson and Jessie L. Simpson as described and recorded in Deed Book 656, Page 452, Hoke County Registry, by Lots 5 through 13, Section I, "Property of R.C. Chance ET AL" as described and recorded in Map Book 5, Page 2 (Map slide 100, page 2). by the tract as conveyed to Robert Peterson as described and recorded in Deed Book 741. Page 314, Hoke County Registry and by the tract as conveyed to Ernest J. Fountain and Pearl Fountain as described and recorded in Deed Book 250, Page 791, Hoke County Registry: Bounded on the east by: the western right of way margin of Rockfish Road (60ft. public right of way) by the tract as conveyed to Rosendo Rivera -Otero as described and recorded in Deed Book 1035, Page 547, Hoke County Registry and by the tract as conveyed to Deenie J. Barefoot and Pearl Fountain as described and recorded in Deed Book 355, Page 291 , Hoke County Registry: Bounded on the south by: the tract as conveyed to John S. Charlesworth and Linda Charlesworth as described and recorded in Deed Book 246, Pag.-_ 72, Hoke County Registry and by the tract as conveyed to Everette M. Hess and Helen J. Hess as described and recorded in Deed Book 220, Page 762, Hoke County Registry; Bounded on the west by, Lots 1 through F "SUBDIVISION FOR D. RALPH HUFF, III" as described and ,ecordad in Map Slidc 364, Plat 2 and by the tracts as conveyed to William Weathersbee and Albet to M. Weathersbee as described and recorded in Deed Book 167, Page 67and Deed Book 161, Page 68 Hoke County Registry, and being more particularly described as follows: COMMENCING from an existing iron rebar located in the western right of way margin of Rockfish Road, the southeast corner of Lot 1, Section L "Property o, R.C. Chance ET AL' as described and recorded in Map Book 5, Page 2 (Map slide 100, page 2) Hoke County Registry, thence South 02 degrees 58 minutes 56 seconds West for a distance of 367.66 feet to an existing iron rebar, the southeast corner of the aforementioned Ernest J Fountain and Pearl Fountain tract (Deed Book 250, Page 791 ), said iron rebar also being the TRUE POINT ANr) P'._:,CE OF BEGINNING: THENCE as and with western right of way margin of Rockfish Road and the east terminus of a 60 toot Ingress. Egre-.s and Regress easement (Deed Book 1035, Page 547) South 02 degrees 46 minutes 07 seconds West for a distance of 60.62 feet to an existing iron rebar: THENCE as and with the south boundary tine of said easement, along a curve to the left, having a radius of 541.98 feet, an are length of :;17.32 feet, being subtended by a chord South / 6 degrees 21 minutes 09 seconds West for a distance of 312.80 feet to a point. THENCE as and with the west boundary line of the Otero and Barefoot tracts South 09 degrees 351.iinutes 38 seconds East for a distance of 204.97 feet to a point: THENCE South 86 degrees 55 minutes 18 seconds East for a distance u, 254 61 feet to a point in the west rn right of way margin of Rockfish Road; THENCE as and with said right of way South 03 degrees 34 minutes 18 seconds West for a distance of 196.62 feet to a point: THENCE South 52 degrees 55 minutes 36 seconds West for a d nce of 163.20 feet to an existing iron pipe; THENCE as and with the north boundary line of the Hess tract, North 85 degrees 55 mil-utes 32 seconds West for a distance of 3175.87 feet to an existing concrete monument THENCE as and with the east boundary line of: Lots 1 througn 6 (Map slide 364, Plat 2) and the aforeme,itioned Weathersbee tracts. North 03 degrees 06 minutes 14 seconds East for a distance of 1007.41 feet to an existing Iron pipe; THENCE as and with the south boundary line of: Lots 5 through 15 (10ap slide 100, page 2) South 86 degrees 08 minutes 14 seconds East for a distance of 2500.30 feet to an existing Iron rebar: THENCE as and with the west boundary line of the Peterson tract, South 02 degrees 52 minutes 32 seconds West for & distance of 569 38 feet to an existing iron rod; THENCE as and with the south boundary line of the Peterson tract, along a curve to the left, having a radius of 417.96 feet, an arc length of 419.68 feet, being subtended by a chord North 86 degrees 41 minutes 45 :;cconds East for a distance of 402.27 feet to an existing iron rebar: THENCE North 57 degrees 55 minutes 49 seconds Gast fur a distance of 66.21 feet to a point: THENCE as and with the south boundary line of the Fountain tract and the north boundary line of a 60 foot Ingress, Egress and Regress easement (Deed Book 1035, Page 547), along a curve to the right, having a radius of 602.56 feet, an arc length of 368,04 feet. t,eing subtended by a chord North 75 degrees 18 minutes 07 seconds East for a distance of 362.34 feet to an existing iron rebar said iron rebar also being the TRUE POINT AND PLACE OF BEGINNING. Together with and subject to all covenants, restrictions and easements of record. Said property contains 65.82 acres (2,867,024 square feet). This description was prepared by Larry King and Associates, R.L.S., P.A., under the ¢ii ect supervision of W. Larry King, P.L S., L-1339, on this the ')Oth day of March„ 2018 )„ 'C_�)