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