Loading...
HomeMy WebLinkAboutWI0700323_Owner (Affiliation Change)_20220411North Carolina Department of Environmental Quality Division of Water Resources PERMIT NAME/OWNERSHIP CHANGE APPLICATION FORM I. INSTRUCTIONS 1. Complete this form in its entirety as follows: (a) Change of Ownership — Provide the information in Parts II and 111 and submit legal documentation of the transfer of ownership such as a contract, deed, article of incorporation, etc. The certifications in part IV must be signed by both the current permit holder, if available, and the new applicant(s). (b) Name Change Only — Provide the information in Parts II and III. Sign the certification for the new applicant in part IV.2. 2. Submit the properly completed form to the address on bottom of Page 2. II. CURRENT PERMIT INFORMATION 1. Permit Number: W1-0700323 2. Permittee name(s): Bernard and Ella Daugherty 3. For Business/Governmental Agency- Permit signing official's name and title: (Person legally responsible for permit) 4. Mailing Address: 1409 Potomac Drive City: Chocowinity State: NC Zip: 27817 Telephone number: ( ) Fax number: ( ) EMAIL Address: 5. Physical Address of Facility/Well(s) (if different than mailing address) City: County: Zip: III. NEW OWNER / NAME INFORMATION 1. This request for a permit change is a result of: XXX a. Change in ownership of property/company b. Name change only c. Other (please explain): Permit/Name Change of Ownership Form Rev. 2-18-2020 Page 1 2. New Owner's name(s) as listed on the property deed (Please Print/or Type): Jonathon Donald Oliver and Melynda K. Oliver 3. If Business or Governmental Agency- Permit signing official's name and title: (Person legally responsible for permit) 4. Mailing Address: 1409 Potomac Drive City: Chocowinity State: NC Zip: 27817 Day/Cell Phone No. L936D 200-3696 Fax number: ( ) EMAIL Address: spicygreenolives@gmail.com IV. CERTIFICATION 1. Current Permittee's Certification (Please print or type): 1, , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I understand I will continue to be responsible for compliance with the current permit until a new permit is issued. 2. New Applicant(s)'s Certification (Please print or type): I/We, Jonathon Donald Oliver , attest that this application for name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and attachments are not included, this application package will be returned as incomplete. I further certify that I will operate and maintain the permitted facility in atco�rdance with the permit and related regulatory requirements. Signature: �-'"d �! ' ( �' Date: ,/ A,' Z)L ZOZZ Signature: Date: SUBMIT THE COMPLETE APPLICATION PACKAGE VIA ONE OF THE FOLLOWING METHODS: U.S. Postal Service: Ground Water Resources Section NC Division Of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Courier / Special Delivery / In Person: Ground Water Resources Section NC Division Of Water Resources 512 North Salisbury Street Raleigh, NC 27604 Telephone Number: (919) 707-9000 Permit/Name Change of Ownership Form Rev. 2-18-2020 Page 2 [Space Above This Line For Recording Data] DEED OF TRUST When recorded, return to: Mortgage Equity Partners, LLC Attn: Brenda Parsons 220 Broadway, Suite 205 Lynnfield, MA 01940 877-866-4511 This document was prepared by: Cynthia Montanez Mortgage Equity Partners LLC 220 Broadway Suite 205 Lynnfield, MA 01940 781-584-7408 LOAN #: 406021MEP7553 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 30, 2022, together with all Riders to this document. (B) "Borrower" is Jonathon Donald Oliver and wife Melynda K. Oliver. MIN 1008868-0000038917-1 Borrower is the trustor under this Security Instrument. (C) "Lender" is Mortgage Equity Partners, LLC. Lender is a Limited Liability Company, Massachusetts. Lynnfield, MA 01940. MERS PHONE #: 1-888-679-6377 organized and existing under the laws of Lender's address is 220 Broadway, Suite 205, LOAN #: 406021 MEP7553 (F) "Note" means the promissory note signed by Borrower and dated March 30, 2022. The Note states that Borrower owes Lender FOUR HUNDRED THOUSAND AND NO1100* * * * * * * * * * * * * * * * * * * * * * * * * **************************************************** Dollars(U.S. $400,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 1, 2052. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider 0 Planned Unit Development Rider ❑ Other(s) [specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider V.A. Rider (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R_ Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] of Beaufort [Name of Recording Jurisdiction]: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS "EXHIBIT A". L AN 53 holds only legal title to the interests granted by Borrower in this Security Instrument, but, if neces�saryy to comply law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency, However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic -Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and LOAN #:40602YMEP7553 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, orentity (including Lender, ifLender iaaninotituUdeposits are noinsured) o/inany Federal HomeLoan BuOk Lender skaUapply the Funds tnpay the Escrow Items nolater than the time specified under RBSPA.Lender eheUnot charge Borrower for holding and applying the Funds, annually analyzing the escrow ecuount, orvmUYY|DO the Escrow |bams unless Lender pays Borrower interest oOthe Funds and AppUQ3U|eLaw permits Lender tnnnakesuch Gcharge. Unless ` an agreement is made in writing orApplicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall bepaid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required byREGPA. If there is a surplus of Funds held in osnrmw, as defined under REGR4' Lender aho|| account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage inaccordance with RESPA.but innomore than 12monthly payments. |fthere isadeficiency ofFunds held in emonnw, as defined under RE8PA. Lender shall notify Borrower msrequired by RE3PA. and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESRA. but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held byLender, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, ifany, and Community Association Dues, Fees, and Assessments, if any. Tbthe extent that these items are Escrow Items, Borrower shall pay them inthe manner provided inSection 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower* (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement ofthe lien in. legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pnnding, but only until such proceedings are concluded; or (c) secures from the holder Oythe lien an agreement satisfactory to Lender subordinating the lien to this Security instrument- If Lender determines that any part Vfthe Property |s subject k)alien which can attain priority over this Security Instrument, Lender may give Borrower B notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one ormore ofthe actions set forth above in this Section 4- Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used byLender iDconnection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term ''exhonUeU coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term nfthe Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower t0pay, iDconnection with this Loan, either: (a)0one-time charge for flood zone debarminetinn, certification and tracking services; or (U) e one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from mnobjection byBorrower. if Borrower fails to maintain any Ofthe coverages described obova. Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any hSk, hazard or liability and Might provide greater or lesser coverage than was previously in effect, Borrower acknowledges that the coat of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower Could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender toBorrower requesting payment. All insurance policies required by Lender and n:novvala of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional |ooe payee. Lender shall have the right tnhold the policies and renewal certificates. |fLender requires, Bornnworsha||pvom[t|yO|vetoLonderoUnaneiptsofpeiU;rem|umemndremevwa{not|m*o.|fBnrnmvnrobta|nsanyfonD of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include 8standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether Vrnot the underlying insurance was required byLender, shall Ueapplied Lorestoration orrepair oY the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair ~«��������|fBu��eb���eP����rmay fi�—����s���U��ma«nano*«�«nand r�atedmeMe�.{fBorrower does not respond wdhin38days = anot�ehnmLender that the insurance carherhas offered b»aedleadoim.then Lender may negot�tnand oe�|et~ claim. The 3U-daYpmh»dwiUbegin when the »»tim* is given, either event, or ifLender acquires the Prop*Myunder SenU n J� orodhmmo�' Bonn�w�'hereby assigns k>Lender (a)Borrower's rights hnany insurance proceeds inanamount not 8mexceed the amountsunpaid under the Note orthis Security Instrument, and (b)any other ofBomwer'anghts(otherthantheriQhtt»anyrefundofunoarDeUp[e0iunspaidbyBnrr8we[)vnderaUinourancepo||o|eanoveAnQthePnnped>inaotaraosunhrightoanaapp|ioob|otothe coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note nrthis Security Instrument, whethe'r-Vrnot then due. 6.Occupancy. Borrower shall occupy, establish, and use the Property as BV'~ ~~ r's principal the Property asBorrower's principal [eO|UeDCOK}[Gt|e8st0OeyeQ[aftprthedmtuofocuuponny,un|ausLender otherwisengraea|nwriUOQ.vNCnQ}nS8ntoho||n»tbe«»neaaonab|yv|(hhe|d. orunless extenuating circumstances exist which are beyond Borrower's control, Pmnmn/at.mn.MaknbenanceandPrmtecMompythePrmparty; Inspections, Borrower shall not destroy, damage or impair the Property, allow the Property todeteriorate orcommit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall ~~responsible for repairing orrestoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender cxits agent may make reasonable entries upon and inspections ofthe Property. |fithas reasonable rmuse Lender may inspect the interior ofthe improvements onthe PropeyLender sheUgive Borrower DnUce2tthe U0R— d orphortosuch anintmhorinspection apndh/ingsuch reasonable cause. ~' 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations ino|ude, but are not limited to, representations concerning Borrower's occupancy ofthe Property esBorrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, ppobate, for condemnation or forfeiture, for enforcement ofa lien which may attain priority over this Security Instrument orto enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security |nstrument, including its secured position in e bankruptcy proceeding. Securing the Property in*|udoo, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and Yvi0d0wS, drain water from pipem, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any orall actions authorized under this Section 8. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date ofdisbursement and sUmU be payable, with such interest, upon notice from Lender to Borrower requesting payment. !fthis Security Instrument isooaleasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold eSLEke and interests herein conveyed orterminate orcancel the ground lease. Borrower shall not, without the express vvhtte0CoDse/dOfLe0de[a|<e[0[onneOdUleQnJuOd|mmse.|fBorrovwaranquirmofae title tothe Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10'K0ortQage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the K4ndgm#e Insurance in effect. If, for any renson, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required tnmake separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously |Deffect, 8ta C0st substantially equivalent tothe cost b}Borrower [fthe Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased k)Ue|Deffect. Lender will accept, use and retain these payments as a non- refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance, Such loss reserve shall be non-rofundobia.notwithstanding the fact that the Loan isultimately paid infull, and Lender shall not berequired bopay LOAN #: 406021ME P7553 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses itmay incur if Borrower does not repay the Loan ayagreed. Borrower ianot nparty h)the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in h)nue from time to time,and may enter into agreements vv�hother perUrisk, conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements,These agreements may require the mongm8*insurer k)Olakep'0nOL5using any source OYfunds that the Ol0dgMgeinsurer may have available (whichmay fromMortgage Insurance promiums\ Aanresuhofthese agnaannentn.Londa�any purchaser ofthe Note, another |OSure�any 'insuve[any other entity, nrany affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) m portion of Borrower's payments for Mortgage Insurance, in eXCU8Oge for sharing or [OOd|fv|Dg the mo�goQeinsurer's risk, o/reducing |nases |fsuch agreement provides that ano#h|ioh*cfLender takes esha~~of the insurer's risk inexchongufor oshire nfthe premiums paid tothe |nsun:�the eoan0ennont|aoften termed '"captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for mortgage Insurance, and they will not entitle Borrower ioany refund. (b) Any such agreements will not affect the rights Borrower has ' if any - with respect to the Mortgage Insurance under the Homeowners Protection Act mf1998 orany other law. These rights may include the right 8n receive certain disclosures, tmrequest and obtain cancellation mfthe Mortgage Insurance, tmhave the Mortgage Insurance terminated automatically, and/or tnreceive arefund of any Mortgage Insurance premiums that were unearned atthe time ofsuch cancellation mrtermination. 11. Assignment ofMiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned toand shall bopaid toLender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the [eS0Un@UOD or (ep8|[ is ecoOOOl|CGUy fG3S|b|H and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or[naseries of progress payments 83the work iScompleted. Unless 8Oagreement iSmade Nwriting O[Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest orearnings on such /Wiono||oneoue Proceeds. If the restoration or repair is not economically Naemib|e or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, |yany, paid 10 Borrower. Such Miscellaneous Proceeds shall beapplied iDthe order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall beapplied to the sums Secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, O[loss iOvalue, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, Or |0SS in value divided by (h) the h]|r market Y8|Ug of the Property immediately before the partial toking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value in |ooe than the amount of the sums secured immediately before the partial taking, destruction, or |nsa in vo|un. unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. if the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 3Ddays after the date the notice iSgiven, Lender is authorized tocollect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower K4isne|l8nooUa Proceeds or the party against whom Borrower has aright ofaction inregard toMiscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can ounn such o default and, if acceleration has nnoumed, reinstate as provided in Section iQ, by causing the action or proceeding to be dismissed with o ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument- The proceeds ofany award orclaim for damages that are attributable tnthe impairment ofLender's interest, inthe Property are hereby assigned and shall bnpaid toLender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for inSection 2. 12. Borrower Not Released; Forbearance By Lender Not VVaiuer. Extension of the time for payment or |n�umn�b�d�sn��eu��eN*���o��nm"�(o)�o�dg�ng���c h�| ���#���1����0 grant and convey the oo-sig---sin�rea inthe p d the �no�so1Uli this Security n��«m�nto»��omo�QaOe. ub|iga�dtopay the aun)a�~'secured bythis �up�uyun�xand(n)oQnms5���[hy|D��UOl�(�����no�parannoUy Security, Instrument;_.~.sthat Lender and any oon: Borrower can agree to extend, n�od�\ forbear or make any ` ' ~ to "^ Instrument or the Note withoutthe ner�ooneen� -regardSecurity Subject 0lthe provisions ofSection 18,any Successor inInterest ofBorrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower nhmU not be released from Borrower's obligations and ||ebiU1y under this Ge8urih/|notrumentun|easLenderaQrHeStonuohre|oaau|nvvriting.Thecovenondamnd8Urenmentso[this8ecuUty Instrument shall bind (except asprovided inSection 2D) and benefit the successors and ana' OoofLendoc 14. Loan K�hargem.Lender mmaycharge Bnnnwerfee for eonioeopedbmned|nconnection -�'Bornopmer'ado�nu!thor the purpose 0fpro�ntingLender's interest inthe Prope�yand rights under this Secuhty~'�'Uu�nnt'- to, e#nrneys'feaspnzpe�yinspection and vo|ua�onfee* |nregard h/any other faan �heabsInstrument,'� including,limited this Secuhb/|»atr`menttuohargeosp�ci�o��etoBo---/shaUncdbennnnimm�U�s, A|b�nneo e»p»essnuU�nhLyin - .."�� apkJ |t|onUn8leChsrginUnfSuCh fee, Lender may not charge fees that are exV�oo|yprohibited bythis Souu�y{''umentor -yApplicable Law. |fthe Loan \osubject toalaw which sets maximum loan charges, and that law iuOneU.'/~rpn�eUsothat the interest oroiher|oanohoqgmsonUe��mdo,tobeooUe�edinoonneoUonviththeLoenexoeedth' permitted limits, t�en'(e)any such loan charge shmUbereduced bythe amount necessary h)reduce the nhgqget the |i i' ' o om\;and(b)any sums already ooUe�ed�nmBornmve,which exceeded pernli1edlimits vviUbone�/-edtoBorrower. Lwnd-rrnoychoose tomake this refund byreducing the principal owed under the No�nrbymaking adirect payrnontk»--�|farefund reduces principal, theneduotionwiUbe��mtmda�opg�io|pr�paymentvvi�h t t k Borrower. . without any charge a prepayment charge is provided for under the Note). Borrower's acceptance of any such /chunU made by direct payment toBorrower will constitute a waiver ofany right V{action Borrower might have arising out nfsuch overcharge. IS. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen malled by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice t0all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated asubstitute notice address bynotice hnLender. Borrower shall promptly notify Lender oyBorrower's change ofaddress. KLender specifies aprocedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may beonly one designated notice address under this Security Instrument gtany one time. Any notice toLender shall be given by delivering it or by mailing it by first class mail to Lender's address stated hona|n unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law 0fthe jurisdiction |Owhich the Property |slocated. All rights and obligations contained iDthis Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against 8g[8809nt by CODt[8cL In the event that any 0rOYiSiOD or clause of this 8eCVrih/ |DGtRuDleDt or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can bagiven effect without the conflicting provision. As used in this Security Instrument: (2) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa-, and (o)the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer nfthe Property or Beneficial Interest in Borrower. As used in this Section 18. "Interest in the Property" means any legal orbenefimje| interest in the Property, inoluding, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which isthe transfer Dftitle byBorrower Ek8future date tOapurchaser. If 211 or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and mbnnaficia|interest inBorrower iGsold ortransferred) without Lender's prior written consent, Lender may require immediate payment in full of all Sun0S SeCVxeU by this Security Instrument. However, this option shall not be exercised byLender ifsuch exercise isprohibited byApplicable Law. |? Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance With Section 15 within which Borrower must pay all sums secured by this Security Instrument. |fBorrower fails to pay these sums prior tnthe expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1$. Borrower's Right mmReinstate After Acceleration. nBorrower meets certain conditions, Borrower shall have the right bnhave enforcement ofthis Security Instrument discontinued 8t any time prior k)the earliest of: (8)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under 53 hereby shall remain fully effective as if no acceleration had occurred. However, this right to LOAN #e4.0a02shll not app l5 in the case of acceleration under Section 18. py 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such LOAN #: 406021MEP7553 it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law, 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. Attorneys' fees must be reasonable. BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. 3/ ,%2a Seal) JONATHON DONALD OLIVER DATE . )101,!2., &el MELYNDAK. OLIVER' STATE of NORTH CAROLINA COUNTY of-$EAUFORT- pi°- t } } SS: } •yi'i vt �?bZ - (Seal) DATE I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document: JONATHON DONALD OLIVER AND MELYNDA K. OLIVER. Date: }{y Official Signature of Notary Notary's printed or'iyped name, Notary Public My commission expires: Lender: Mortgage Equity Partners, LLC NMLS ID: 1936 Loan Originator: Michelle Renae Herbst NMLS ID: 1459242 (Official Seal) BRIAki V. MEYERHOEFFER JR. Notary Public - North Carolina Pitt County y Commission Expires Apr 22. 2075