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HomeMy WebLinkAboutWI0700323_Correspondence_20220511ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Jonathan D. & Melynda K. Oliver 1409 Potomac Drive Chocowinity, NC 27817 NORTH CAROLINA Environmental Quality May 11, 2022 Re: Issuance of Injection Well Permit Permit No. WI0700323 Geothermal Heating/Cooling Water Return Well Beaufort County Dear Mr. & Mrs. Oliver: In accordance with your permit renewal application received April 6, 2022, I am forwarding Permit No. WI0700323 for the continued operation of geothermal heating/cooling water return well(s) located at the above referenced address. Please note that this renewed permit shall become effective on May 11, 2022, until April 30, 2027, and shall be subject to the conditions and limitations stated therein. In order to continue uninterrupted legal use of this well for the stated purpose, you should submit an application to renew the permit 120 days prior to its expiration date. As indicated in the permit, this permit is not transferable to any person without prior notice to, and approval by, the Director of the Division of Water Resources. If you have any questions regarding your permit or the Underground Injection Control Program, please call me at (919) 707-3662. Best Regards, Shristi Shrestha Underground Injection Control (UIC)- Hydrogeologist Division of Water Resources, NCDEQ Groundwater Resources Section cc: Beaufort County Environmental Health Department D. E owermu Jr.+ra...iaaa aznray North Carolina Department of Environmental Quality - Division of Water Resources Mailing address: 1636 MSC, Raleigh NC 27699-1636 Physical address: 512 North Salisbury Street, Raleigh NC 27604 919.707.9000 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH, NORTH CAROLINA PERMIT FOR THE USE OF A WELL FOR INJECTION In accordance with the provisions of Article 7, Chapter 87; Article 21, Chapter 143, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Jonathan D. & Melynda K. Oliver Beaufort County FOR THE CONTINUED OPERATION OF TWO (2) GEOTHERMAL HEATING/COOLING WATER RETURN WELL(S), defined in Title 15A North Carolina Administrative Code 2C .0224, which will be used for the injection of heat pump effluent. This injection well is located at 1409 Potomac Drive, Chocowinity, NC 27817 and will be operated in accordance with the application received April 6, 2022, and conformity with the specifications and supporting data, all of which are filed with the Department of Environmental Quality. This permit is for continued operation of an injection well and shall be in compliance with Title 15A North Carolina Administrative Code 2C .0100 and .0200, and any other Laws, Rules, and Regulations pertaining to well construction and use. This permit shall be effective on May 11, 2022, until April 30, 2027, and shall be subject to the specified conditions and limitations stated therein. Permit issued this the 11t day of May 2022. For Richard Rogers Director, Division of Water Resources Permit WI0700323 By Authority of the Environmental Management Commission. Permit #WI0700323 Geothermal Heating/Cooling Water Return Well Page 1 of 5 ver. 3-24-2020 PART I — PERMIT GENERAL CONDITIONS 1. The Permittee must comply with all conditions of this permit and with the standards and criteria specified in Criteria and Standards Applicable to Injection Wells (15A NCAC 2C .0200). Any noncompliance with conditions of this permit constitutes a violation of the North Carolina Well Construction Act and is grounds for enforcement action as provided for in N.C.G.S. 87-94. 2. This permit is effective only with respect to the nature, volume of materials and rate of injection, as described in the application and other supporting data [15A NCAC 02C .0224(b)]. 1 This permit shall become voidable unless the facility is constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data [15A NCAC 02C .0211(e)]. 4. This permit is not transferable without prior notice to, and approval. In the event there is a desire for the facility to change ownership, or there is a name change of the Permittee, a formal permit amendment request must be submitted, including any supporting materials as may be appropriate, at least 30 days prior to the date of the change [15A NCAC 02C .0211(o)]. 5, The issuance of this permit shall not relieve the Permittee of the responsibility of complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other local, state, and federal agencies, which have jurisdiction. Furthermore, the issuance of this permit does not imply that all regulatory requirements have been met [15A NCAC 02C .0203]. PART II — WELL CONSTRUCTION GENERAL CONDITIONS 1. The well supplying water for the geothermal heating and cooling system shall be constructed in accordance with requirements of rule 15A NCAC 02C .0107. 2. Any injection well shall be constructed in accordance with requirements of rule 15A NCAC 02C 0107 except that the entire length of the casing shall be grouted in such a way that there is no interconnection of aquifers or zones having differences in water quality that would result in degradation of any aquifer or zone. For screened wells, grout shall be emplaced from the top of the gravel pack to the land surface. For open- end wells, the casing shall be grouted from the bottom of the casing to the land surface [15A NCAC 02C .0224(d)(2), (3)]. 3. Bentonite grout shall not be used to seal any water -bearing zone with a chloride concentration equal to or greater than 1,500 milligrams per liter. In areas where elevated chloride levels are known to exist or are probable, such as coastal areas, chloride levels shall be verified in the field to determine existing conditions if bentonite is to be used [15A NCAC 02C .0225(h)(8)]. 4. The injection well system shall be constructed such that a sampling tap or other collection equipment approved by the Director provides a functional source of water when the system is operational. Such equipment shall provide the means to collect a water sample immediately after emerging from the water supply well and immediately prior to injection into the return well [15A NCAC 02C .0224(d)(4)]. 5. Each injection well shall be secured to reasonably insure against unauthorized access and use and shall be sealed with a watertight cap or well seal, as defined in G.S. 87-85(16). 6. Each geothermal injection well shall have permanently affixed an identification plate according to [ 15 A NCAC 02C .0107(j)(2)]. Permit #WI0700323 Geothermal Heating/Cooling Water Return Well Page 2 of 5 ver. 3-24-2020 7. A copy of the Well Construction Record (Form GW-1) shall be submitted as described in Part V.5 of this permit within 30 days after completion. PART III — OPERATION AND USE CONDITIONS 1. The Permittee shall comply with the conditions of this permit and properly operate and maintain the injection facility in compliance with the conditions of this permit and rules of 15A NCAC 02C .0200, even if compliance requires a reduction or elimination of the permitted activity [15A NCAC 02C .0211(i)]. 2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the operation of this facility. In the event that the facility fails to perform satisfactorily, including the creation of nuisance conditions or failure of the injection zone to adequately assimilate the injected fluid, the Permittee shall take immediate corrective actions including those actions that may be required, such as the repair, modification, or abandonment of the injection facility [15A NCAC 02C .0206]. PART IV — INSPECTIONS [15A NCAC 02C .0211(j)] 1. Any duly authorized officer, employee, or representative of the Division of Water Resources (DWR) may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the injection facility at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or injection fluids. 2. DWR representatives shall have reasonable access for purposes of inspection, observation, and sampling associated with injection and any related facilities as provided for in N.C.G.S. 87-90. 3. Provisions shall be made for collecting any necessary and appropriate samples associated with the injection facility's activities. PART V — MONITORING AND REPORTING REQUIREMENTS 1. Records of well construction, repair, or abandonment shall be submitted within 30 days of completion of such activities. Copies of such records shall be retained on -site and available for inspection [15A NCAC 02C .02240)(2), (4)]. 2. Monitoring of any well may be required to ensure protection of the groundwater resources of the State and compliance with the groundwater quality standards specified in 15A NCAC 02L [15A NCAC 02C .02240)(1)]. 3. The Permittee shall report any report any monitoring or other information that indicates noncompliance with a specific permit condition, that a contaminant may cause the injected fluids to migrate outside the approved injection zone or area. As specified in rule 15A NCAC 02C .0211(p), noncompliance notification shall be as follows: (A) Oral notification shall be given within 24 hours of the occurrence, or first knowledge of the occurrence, to the Washington Regional Office, telephone number 252-946-3716. Permit #WI0700323 Geothermal Heating/Cooling Water Return Well Page 3 of 5 ver. 3-24-2020 (B) Written notification shall be made within 5 (five) days of the occurrence and submitted to the addresses in Item #5 below. (C) The written notification shall contain a description of the noncompliance and its cause; the period of noncompliance, including dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and any steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 4. The Permittee shall record the number and location of the wells with the register of deeds in the county in the facility is located [15A NCAC 02C .02240)(3)]. 5. All forms, reports, or monitoring results required by this permit shall be submitted to: UIC Program Staff Division of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 Water Quality Regional Operations Section And DWR Washington Regional Office 943 Washington Square Mall Washington, NC 27889 PART VI — PERMIT RENEWAL [15A NCAC 02C .0224(c)]. As required by rule, and application for permit renewal shall be made at least 120 days prior to the expiration of this permit. This permit condition does not apply if the Permittee chooses to discontinue operation of the well for injection of effluent from the geothermal heating and cooling system associated with this permit. PART VII — CHANGE OF WELL STATUS [15A NCAC 02C .0240]. 1. Procedures for temporarily or permanently abandoning a well are the same as those specified in rule 15A NCAC 02C .0113. While some of those criteria are given below, the Permittee bears the responsibility of complying with all applicable regulatory requirements. 2. If a well will no longer be used for any purpose, then it should be permanently abandoned according to rule 15A NCAC 02C .0113(b) in order to prevent the well from deteriorating and acting as a source or conduit of contamination, which is prohibited by General Statute 87-88(c). 3. If a well is taken completely out of service temporarily, the Permittee shall install a water -tight cap or well seal that cannot be removed without the use of hand or power tools. 4. When injection operations have ceased at the facility and a well will no longer be used for any purpose, the Permittee shall abandon that injection well in accordance with the procedures specified in 15A NCAC 2C .0113(b), which include, but are not limited to, the following: (A) All casing and materials may be removed prior to initiation of abandonment procedures if any such removal will not be responsible for, or contribute to, the contamination of an underground source of drinking water. (B) The entire depth of each well shall be sounded before it is sealed to ensure freedom from obstructions that may interfere with sealing operations. Permit #WI0700323 Geothermal Heating/Cooling Water Return Well Page 4 of 5 ver. 3-24-2020 (C) Each well shall be thoroughly disinfected, prior to sealing, in accordance with rule 15A NCAC 02C .0111(b)(1)(A), (B), and (C). (D) Each well shall be completely filled with cement grout, which shall be introduced into the well through a pipe which extends to the bottom of the well and is raised as the well is filled. (E) In those cases when a subsurface cavity has been created as a result of the injection operations, each well shall be abandoned in such a manner that will prevent the movement of fluids into or between underground sources of drinking water. (F) The Permittee shall submit a Well Abandonment Record (Form GW-30) as specified in 15A NCAC 2C .0224(0(4) within 30 days of completion of abandonment to the addresses specified in Part V.5 above. Permit #WI0700323 Geothermal Heating/Cooling Water Return Well Page 5 of 5 ver. 3-24-2020 DocuSign Envelope ID: 29C18210-8261-4EAB-AEB3-F8BB3544805A North Carolina Department of Environmental Quality - Division of Water Resources WQROS REGIONAL STAFF REPORT FOR UIC Program Support Permit No._WI0700323 Date: 4/28/22 County: _Beaufort To: Shristi Shrestha Permittee/Applicant: _Jonathon & Melynda Oliver Central Office Reviewer Shristi Shrestha Facility Name: Jonathon & Melynda Oliver Return Well L GENERAL INFORMATION 1. This application is (check all that apply): ❑ New ® Renewal ❑ Minor Modification ❑ Major Modification a. Date of Inspection: 4/27/22 b. Person contacted and contact information: Jonathon Oliver (936) 200-3696 c. Site visit conducted by: R. Sipe d. Inspection Report Printed from BIMS attached: ® Yes ❑ No. e. Physical Address of Site including zip code: No change since last inspection f. Driving Directions if rural site and/or no physical address: No change since last inspection g. Latitude: NA Longitude: NA No change since last inspection Source of Lat/Long & Accuracy (i.e., Google Earth, GPS, etc.): NA II. DESCRIPTION OF INJECTION WELL(S) AND FACILITY 1. Type of injection system: ® Geothermal Heating/Cooling Water Return ❑ In situ Groundwater Remediation ❑ Non -Discharge Groundwater Remediation ❑ Other (Specify: 2. For Geothermal Water Return Well(s) only a. For existing geothermal system only: Were samples collected from Influent/Effluent sampling ports? ® Yes ❑ No. Provide well construction information from well tag: See attached GW-1 b. Does existing or proposed system use same well for water source and injection? ❑ Yes ® No If No please provide source/supply well construction info (i.e., depth, date drilled, well contractor, etc.) and attached map and sketch location of supply well in relation to injection well and any other features in Section IV of this Staff Report. 3. Are there any potential pollution sources that may affect injection? ❑ Yes ® No What is/are the pollution source(s)? What is the distance of the injection well(s) from the pollution source(s)? 4. What is the minimum distance of proposed injection wells from the property boundary? 5. Quality of drainage at site: ❑ Good ® Adequate ❑ Poor 6. Flooding potential of site: ® Low ❑ Moderate ❑ High WQROS Staff Report Rev. 4/15/2016 Page 1 DocuSign Envelope ID: 29C18210-8261-4EAB-AEB3-F8BB3544805A 7. For Groundwater Remediation Injection Systems only, is the proposed and/or existing groundwater monitoring program (number of wells, frequency of monitoring, monitoring parameters, etc.) adequate? ❑ Yes ❑ No. If No, attach map of existing monitoring well network if applicable and recommend any changes to the groundwater -monitoring program. 8. Does the map included in the Application reasonably represent the actual site (property lines, wells, surface drainage)? ❑ Yes ❑ No. If No, or no map, please attach a sketch of the site. Show property boundaries, buildings, wells, potential pollution sources, roads, approximate scale, and north arrow. 9. For Non -Discharge Groundwater Remediation systems only (i.c., permits with WQ prefix): a. Are the treatment facilities adequate for the type of waste and disposal system? ❑ Yes ❑ No ❑ N/A. if No, please explain: b. Are the site conditions (soils, topography, depth to water table, etc.) consistent with what was reported by the soil scientist and/or Professional Engineer? ❑ Yes ❑ No ❑ N/A. If no, please explain: III. EVALUATION AND RECOMMENDATIONS 1. Do you foresee any problems with issuance/renewal of this permit? ❑ Yes No. If Yes, explain. 2. List any items that you would like WQROS Central Office to obtain through an additional information request, Make sure that you provide a reason for each item: Item Reason 3. List specific special conditions or compliance schedules that you recommend to be included in the permit when issued. Make sure that you provide a reason for each special condition: Condition Reason 4. Recommendation ❑ Deny. If Deny, please state reasons: ❑ Hold pending receipt and review of additional information by Regional Office ❑ Issue upon receipt of needed additional information ® Issue 5. Signature of Report Preparer(s): '' 0 4", 544 Signature of WQROS Regional Supervisor: Rom T' Date: 4/28/2022 WQROS Staff Report Rev. 4/15/2016 Page 2 DocuSign Envelope ID: 29C18210-8261-4EAB-AEB3-F8BB3544805A IV. ADDITIONAL REGIONAL STAFF REVIEW COMMENTS/ATTACHMENTS (Optional /I/ Needed) Dougherty Geothermal Retum Well W10700323 Chocowinity NC WQROS Staff Report Rev. 4/15/2016 Page 3 North 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 11 and I11 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: WI-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: 111. 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. ( 936_) 200-3696 Fax number: ( EMAIL Address: spicyyreenolivesPgmail.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. 1 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. l understand 1 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): 1/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. 1 further certify that 1 will operate and maintain the permitted facility in aecordancewith the pelt and related regulatory requirements. Signature: -ll Date: J/ 4,4Z/L 2012_ Signature: - Date: SUBMIT THE COMPLETE APPLICATION U.S. Postal Service: Ground Water Resources Section NC Division Of Water Resources 1636 Mail Service Center Raleigh, NC 27699-1636 PACKAGE VIA ONE OF THE FOLLOWING METHODS: 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 877-865-4511 This document was prepared by: Cynthia Montanez Mortgage Equity Partners LLC 220 Broadway Suite 205 Lynnfield, MA 01940 781-584-7408 LOAN #: 406021 MEP7553 MIN 1008868-0000038917-1 DEFINITIONS MERS PHONE #: 1-888.679-6377 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. 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. organized and existing under the laws of Lender's address is 220 Broadway, Suite 206, LOAN #: 406021MEP7553 (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 NO/100* * * * * ** * * * * * * * * * * * * * * * * * * 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. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second dome Rider ❑ Balloon Rider Planned Unit Development Rider ❑ Other(s) [specify) ❑ 1-4 Family Rider ❑ Biweekly Payment Rider [ J 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" rneans any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the 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". holds only legal title to the interests granted by Borrower in this SecurityInstrument, if necessary s ry to c pMEP755h omth law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exerciseany ly for 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 en 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. 1 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 shalt 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, snail 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 #: 406021MEP7553 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable 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 wilting, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either; (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings nr similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair LOA 6053 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and B elated matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is riot relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- refundable loss reserve, if permitted under Applicable Law, In lieu of Mortgage Insurance. Such Toss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay LOAN #: 406021MEP7553 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. Ali Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. in the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction. or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Toss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Tess than the amount of the sums secured immediately before the partial taking, destruction, or toss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or LOAN #: 406021 MEP7553 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. in regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mall to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required 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 of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. apply 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 learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 16 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 shalt give such LOAN #: 405021MEP7553 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, ali 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. JONATHON DONALD OLIVER /Seal) DATE is 1�} Lfb (Seal) MELYNDAJC. OLIVER DATE STATE of NORTH CAROLINA COUNTY offBEAtJFeRT Ff`r t . t7-C.we I } } SS: } 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: ''4I L Official Signature of Notary •7 • Notary's printed or typed name, Notary Public My commission expires: Lender: Mortgage Equity Partners, LLC NMLS ID: 1936 Loan Originator: Michelle Renae Herbst NMLS ID: 1459242 (Official Seal) yry' BRIAN V. MEYERHOEFFER JR. C Notary Public - North Carolina Pitt County 6 ky Commission Expires Aor 22. 2025 RECEIVED 1 APR p 6 2022 North Carolina Department of Environmental Quality — Division of Water Resources NC Con ON FOR A PERMIT TO CONSTRUCT OR OPERATE INJECTION WELL(S) in Accordance With the Provisions of . NCAC 02C .022 GEOTHERMAL HEATING/COOLING WATER RETURN WELLIS) These well(s) inject groundwater directly into the subsurface as part of a geothermal healing and cooling system CHECK ONE OF THE FOLLOWING: New Application Renewal* Modification Permit Rescission Request* *For Permit Renewals or Rescission Request, complete Sections A tbru E, and M (signature page) only Pnnl or Type Information and Mail to the Address on the Last Page. Illegible Applications Will Be Returned As Incomplete. DATE: /0/VClot , 20 Z.Z.— PERMIT NO.VD' 323 (leave blankifNew Application) A. CURRENT WELL USE & OWNERSHIP STATUS (Leave Blank if New Well/Permit Application) 1. Current Use of Well a. I wish to continue to use the well as Geothermal Well ❑ Drinking Water Supply Well ❑ Other Water Supply Use- Tndi se (i.e., irrigation, etc.) b. Terminate Use: If the well is no longer being used as a geothermal injection well and you wish to rescind the permit, check the box below. If abandoned, attach a copy of the Well Abandonment Record (GW-30). ❑ Yes, 1 wish to rescind the permit 2. Current Ownership Status Has there been.a change of ownership since permit last issued? YES ❑ NO If yes, indicate New Owner's contact information: Name(s) sic Aru4-'r7 I) [Q L i ✓C� +�_ Mailing Address: / /o4 Pen, ?D mule .e_ £ti City: Cf cows sri State: A G ip Code: zArt7 Day Tele No.: Cl3 ' — ��� — 36 96 Email Address.: County: B. STATUS OF APPLICANT (choose one) Non -Government: Individual Residence Business/Organization Government: State Municipal County Federal C. WELL OWNER(S)/PERMIT APPLICANT — For single family residences, list all persons listed on the property deed Foij all others, list name of business/agency and name of person and title with delegated authority to sign: cJ0 n► 477415 C t-1 Vet 2- %77 Mailing Address: /4J o % Ida Tt ,) +4c . ;7e.. City:( 4 d04 uu / ry State: /1f zip Code:.272/ 7 County: B Day Tele No.: / Zoo — 3 i Cell No.: 303 -E 73 ^Z- Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 1 EMAIL Address: D. WELL OPERATOR (if different from well owner) — For single family residences, list all persons listed on the property deed. For all others, list name business/agency and name of person and title with delegated authority to sign: 547 g /15 C� Mailing Address: City: State: Zip Code: County: Day Tele No.: Email Address.: _ E. PHYSICAL LOCATION OF WELL(S) SITE (1) Parcel Identification Number (PIN) of well site;S 4k3 % q 2Ssiiado County: illteal-- (2) Physical Address (if different than mailing address): City: County Zip Code: F WELL DRILLER INFORMATION aWell Drilling Contractor's Name: A(l awL V* ?4l, t� Pir ze f7,pI NC Well Drilling Contractor Certification No.:-1�i1. 2 y D --4 Company Name:/1/5 r� 1(! L/fQ�'V'1� .�P (f,if»- Contact Person: "8/ L Lf j4T; EMAIL Address: f?A�i � � Address: ' -`, t J 1 (I . ,—. _ /xi, % / ' < City: 4104 5 f j ( Zip Code: 27 9 j ) state;r/C County: Office Tele No.: 33 2 Cell No.:) 7 209 — 947' Fax No.425,Z 332 " Y3/ 2. G. HVAC CONTRACTOR INFORMATION (if different than driller) flit/5 f - HVAC Contractor's Name: NC HVAC Contractor License No.: Company Name: Contact Person: EMAIL Address: Address: City: Zip Code: State: County: Office Tele No.: Cell No.: Fax No.: H. WELL USE Will the injection well(s) also be used as the supply well(s) for the following? (1) The injection operation? YES (2) Personal consumption? YES NO NO L WELL CONSTRUCTION REQUIREMENTS — As specified in A. NCAC 02C .0224t d +: (1) The water supply well shall be constructed in accordance with the water supply well requirements of 15A NCAC 02C .0107. Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 2 (3) (2) If a separate well is used to inject the heat pump effluent, then the injection well shall be constructed in accordance with the water supply well requirements of A NCAC 02C .0 h , except that: (a) For screen and gravel -packed wells, the entire length of casing shall be grouted from the top of the gravel pack to Iand surface; (b) For open-end wells without screen, the casing shall be grouted from the bottom of the casing to land surface. A sampling tap or other approved collection equipment shall provide a functional source of water during system operation for the collection of water samples immediately after water emerges from the supply well and immediately prior to injection J. WELL CONSTRUCTION SPECIFICATIONS (1) Specify the number and type of wells to be used for the geothermal heating/cooling system: *EXISTATG WELLS PROPOSED WELLS *For. existing wells, please attach a copy of the Well Construction Record (Form GW-1) if available. (2) Attach a schematic diagram of each water supply and injection well serving the geothermal heating/cooling system. A single diagram can be Used for wells having the same construction specifications as long as the diagram clearly identifies or distinguishes each well from one another. Each diagram shall demonstrate compliance with the well construction requirements specified in Part H above and shall include, at a minimum, the following well construction specifications: (a) Depth of each boring below land surface flM f /� !� (b) Well casing and screen type, thickness, and diameter l (c) Casing depth below land surface (d) Casing height "stickup" above land surface (e) op rit.‘ Grout material(s) surrounding casing and depth below land surface Note: bentonite grouts are prohibited for sealing water -bearing zones with 1500 mg/L chloride or greater per 15A NCAC 02C .010, (f) Length of well screen or open borehole and depth below land surface (g) Length of sand or gravel packing around well screen and depth below land surface K. OPERATING DATA (1) (2) (3) (4) Injection Rate: Injection Volume: Injection Pressure: Injection Temperature: Average (daily) gallons per minute (gpm). ALPO Average (daily) gallons per day (gpd)• 0pie�/) Average (daily) pounds/square inch (psi). Average (January) ° F, Average (July) ° F. L. SITE MAP — As specified in 15A NCAC , attach a site -specific map that is scaled or otherwise accurately indicates distances and orientations of the specified features from the injection well(s). The site map shall include the following All water supply wells, surface water bodies, and septic systems including drainfield, waste application area, and repair area located within 250 feet of the injection well(s). Any other potential sources of contamination listed in 15A NCAt: Uzi; .0 i u iA a located within 250 feet of the proposed injection well(s). (1) (2) Geothermal Water Return Well Permit Application Rev. 4-15-2016 4/WV Piee Page 3 (3) (4) Property boundaries located within 250 feet of the parcel on which the proposed injection well(s) are to be located. An arrow orienting the site to one of the cardinal directions (north, south, west, or east) NOTE: In most cases an aerial photograph of the properly pare showing property lines and structures can be obtained and downloaded from the applicable county GIS webs* e. Typically, the property can be searched by owner name or address The location of the wells in relation to proper°, boundaries, houses, septic tanks, other wells, etc. can then be drawn in by hunt Also, a `layer' can be selected showing topographic contours or elevation data M. CERTIFICATION (to be signed as required below or by that person's authorized agent) 15A NCAC 02C .02 11L requires that all permit applications shall be signed as follows: 1. for a corporation: by a responsible corporate officer; 2. for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; 3. for a municipality or a state, federal, or other public agency: by either a principal executive officer or ranking publicly elected official; 4. for all others: by all the oersonl s) listed on the property deed. If an authorized agent is signing on behalf of the applicant, then supply a letter signed by the applicant that names and authorizes their agent to sign this application on their behalf. "I hereby certify, under penalty of law, that I have personally examined and am familiar with the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining said information, 1 believe that the information is true, accurate and complete. I am aware that there are significant penalties, including the possibility of fines and imprisonment, for submitting false information. 1 agree to construct, operate, maintain, repair, and if applicable, abandon the injection well and all related appurtenances in accordance with the approved specifications and conditions of the Permit." Signature of Property Oamer/Applicant ;J(`=,A- 2D• DGt I/�TTZ- Print or Type Full Name and Title Signature of Property Owner/Applicant Print or Type Full Name and Title Signature of Authorized Agent, if any Print or Type Full Name and Title Submit two copies of the completed application package to: Division of Water Resources - uTl% Water Quality Regional Operations Section (WQROS) 1636 Mail Service Center Raleigh, NC 27699-1636 Geothermal Water Return Well Permit Application Rev. 4-15-2016 Page 4 Telephone (919) 807-6464 Ge°thermal Water Return Well Permit Application Rev. 4-15-2016 Page 5