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HomeMy WebLinkAboutNC0068152_Owner Name Change_20120323NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director March 23, 2012 DANIEL C ARNOLD MEMBER MANAGER DRY RIDGE PROPERTIES LLC PO BOX 11 BARNARDSVILLE NC 28709 Dee Freeman Secretary Subject: NPDES Permit Modification- Name and/or Ownership Change Permit Number NCO068152 Eden Glen Mobile Village WWTP Buncombe County Dear Mr. Arnold: Division personnel have reviewed and approved your request to transfer ownership of the subject permit, received on November 7, 2011. This permit modification documents the change of ownership and facility name change. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 807-6304. i r✓ ' Charles Wakild, P.E. cc: Central Files Asheville Regional Office, Surface Water Protection NPDES Unit File NCO068152 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-6492 NorthCarolina Internet: www.ncwaterquality.org �atllrallr� An Equal Opportunity 1 Affirmative Action Employer Permit Number NCO068152 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Di V 1SION OF WA T ER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER -THE NATIONAL POLLUTANT*DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Dry Ridge Properties, LLC is hereby authorized to discharge wastewater from a facility Located at the Eden Glen Mobile Village VWITP Gospel Way Weaverville Buncombe County to receiving waters designated as Flat Creek in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1,11, 111 and IV hereof. This permit shall become effective March 23, 2012. This permit and authorization to discharge shall expire at midnight on October 31, 2015. Signed this day March 23, 2012. ChapdVakild, P.E., Director &'on of Water. Quality vyAuthority of the Environmental Management Commission Permit Number NCO068152 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility; whether for operation or discharge, are hereby superseded and, as of this issuance, any previously issued permit describing this treatment facility or bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions described herein. Dry Ridge Properties, LLC is hereby authorized to: 1. Continue to operate an existing 0.015 MGD wastewater treatment facility with the following components: ♦ Influent bar screen ♦ Aeration basin ♦ Clarifier ♦ Tablet Chlorination ♦ Chlorine contact chamber ♦ Tablet Dechlorination ♦ Dual sludge holding tanks 2. This facility is located at the Eden Glen Mobile Village WWTP on Gospel Way, Weaverville in Buncombe County. 3. After receiving an Authorization to Construct from the Division, construct and operate a 0.030 MGD treatment system. 4. Discharge from said treatment works at the location specified on the attached map into Flat Creek, classified C waters in the French Broad River Basin. Permit Number NCO068152 A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, .the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent 'Limits Monitoring Requirements Characteristics Monthly Daily Measurement Sample Sample Location Average Maximum Frequency Type . '50050 - Flow 0.015 MGD Weekly Instantaneous Influent or Effluent 00310 - BOD, 5 day (20°C) 30.0 mg/I 45.0 mg/I Weekly Grab Effluent 00530 -Total Suspended Solids 30.0 mg/I 45.0 mg/I Weekly Grab: Effluent 00610 - NH3 as N (April 1 — October 31) 11.0 mg/I 35.0 mg/L Weekly Grab Effluent 00610 - NH3 as N (November 1 — March 31) Weekly Grab Effluent 31616 - Fecal Coliform (geometric mean) 200/100 ml ' 400/100 ml Weekly Grab Effluent 50060 - Total Residual 1 Chlorine 28 "µg/L 2/Week Grab Effluent 00010 - Temperature Weekly Grab Effluent 00400 - pH Between 6 & 9 su Weekly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC values reported below 50 ugA to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina . certified laboratory (including field certified),. even if these values fall below 50 ug/I. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit Number NCO068152 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning after expansion above 0.015 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited.and monitored by the Permittee as specified below: 'Effluent characteristics Limits Monitoring Requirements _ Monthly Daily Measurement Sample Average Maximum Frequency Type Sample Location 50050 - Flow 0.030 MGD Weekly Grab Influent or Effluent 00310 - BOD, 5 day (20°C) 30.0 mg/I 45.0 mg/I Weekly Grab Effluent 00530 Solids -Total Suspended 30.0 mg/I 45.0 mg/I Weekly Grab Effluent 00610 -'NH3 as N (April 1 — October 31) 11.0 mg/I F35.Omg/L Weekly Grab Effluent 0061.0 - NH3 as N 1 — March 31) Weekly Grab Effluent - Fecal Coliform (geometric (geometric mean) 200/100 ml 400/100 ml Weekly Y Grab Effluent - 50060 - Total Residual Chlorine' 28 µg/L 2/Week Grab Effluent 00010 - Temperature Weekly Grab Effluent 00400 - pH Between 6 & 9 su Weekly Grab Effluent Footnotes: 1. The Division shall consider all effluent TRC'values reported below 50 ug/I to be in compliance with the permit. However; the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/I. There shall be no discharge of floating solids or visible foam in other than trace amounts. `O�OF W ATF9oG Beverly Eaves Perdue, Governor � r Dee Freeman, Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C 10 10 1 4ol 11 t I N I C I G 15 II. Permit status prior to status change. a. Permit issued to (company name): cpvnnb c r-o pe c t l P Z b. Person legally responsible for permit: IN lei Y -n FirstJ Last Qnr Pr �Ylana�e� Titlle 1-1 WernweW woad Permit Holder Mailing Address �shP J , 11 t`t .2990Y City State Zip ($ass4 S y ( ) Phone Fax c. Facility name (discharge): C d p to r k n M 16 6 V .111ne W W -' 'P d. Facility address: e�i \ bj c Ad ss City State Zip e. Facility contact person: 1,.lit -1fq y Firs / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: Change in ownership of the facility ❑ Name change" of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit: MI Last e J-r ^ % Tc -. q 9 rr Title 10,0 eo^ Permit Holder Mailing Address city State Zip Phone E-mail Address ' "'1`P" ^ acf7�'°14� Add ess Ile A--C' .e %' % city� State Zip f Facility contact person: �.. aFr FiMV MI Last ( J"Ldi 7 7 9 Phone E-mail Address Q M@wwnm NOV 07 2011 DENR-WATER QUALITY POINT SOURCE BRANCH d. Facility name (discharge): e. Facility address: Revised 1120M ' PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 W. Permit contact information (if dii%rent from the person legally responsible for the permit) Permit contact: -r C, - �= - itst MI Last Title Mailing Address City State Zip Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ff Yes ❑ No (please explain) V1.Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: This completed application is required for both name change and/or ownership change [� requests. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. .............................................................................................................. a....... The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient.. PERM [TTEE CERTIFICATION (Permit holder prior to ownership change): I,IN. yo-Iattest that this application for a name/ownership change has been revi ed and is accurifte 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 is not included, this application package will be returned as incomplete. Sgna Date APPLICANT CERTIFICATION I, ' a , e_% C �_ L ��a L� , attest that this application for a 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 is not included, this application package will be returned as incomplete. ignature ; Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised IrM ..., •J.;#^" {: 4- IIIIIII IIIIII III�IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII•liill Illllllh Doc ID: 023816030004 Type: CRP Recorded: 09/23/2011 at 03:17:42 PM Fee Amt: $39.00 Page i of 4 workflow# 0000080449-0004 Buncombe County; NC NON-STANDARD Reisinger Register of Deeds FILING BK4916 P4754-1757 NORTH CAROLINA DEED OF TRUST SATISFACTION: The debt secured by the within Deed of Trust together with the note(s) secured thereby has been satisfied in full. Parcel Identifier No. 9743-17-6861 & 9743-26-1146 This the day of Signed: Mail after recording to Matney & Associates, P.A.. P.O. Box 7345, Asheville, NC 28802 This instrument prepared by Matney & Associates P.A. Brief Description for the index THIS DEED of TRUST made day of September, 2011 by and between: GRANTOR TRUSTEE BENEFICIARY Dry Ridge Properties, LLC Matney & Associates, P.A. Buncombe Properties, LLC a North Carolina limited liability a North Carolina limited liability company company - The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs., successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, That whereas Grantor is indebted to Beneficiary in the principal sum of Two Hundred Forty - Five Thousand 00 /100 Dollars ($245,000.00), as evidenced by a Promissory of Note even date herewith, the terms of which are incorporated herein by reference. The final due date for payments of said Promissory Note, if not sooner paid, is the I" day of September, 2021. NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the Reems Creek Township, Buncombe County, North Carolina, (the "Premises") and more particularly described as follows: TRACT ONE: BEGINNING at an iron rod, the same being the northeast corner of the B. Eller tract as described in Deed Book 1797, at Page 353, Buncombe County Registry; and -'runs thence, North 88°33' 13" West 92.99 feet to an iron pipe; thence, North 87° 19' 28" West 47.14 feet to an iron pipe; thence, South 82 '54' 15" West 56.78 feet to an iron rod at the northernmost corner of Lot 1, Clearview Estates, as shown on Plat Book 55, at Page 139, Buncombe County Registry; thence, South 78046' 48" West 225.65 feet to an iron rod; thence, North 75 *46' 43" West 252.51 feet to an iron pipe at the center of a branch; thence, along a common boundary with the property now or formerly owned by W. Teague as described in Deed Book 732, at Page 638 the following seven courses and distances, to -wit: North 9 ° 18' 52" East 353.07 feet, North 55 °47' 40" West 147.00 feet; North 30 °38' 01 " West 96.30 feet, North 1'02' 02" West 52.15 feet, North 72°02' 58" East 89.23 feet, North 35°38' 57" East 148.19 feet, and North 33 °05' 09" West 74.99 feet; thence, North 84'3 I' 23" East 237.28 feet to a 24 inch White Oak; thence, South 10°39' 50" East 140.18 feet to an iron rod; thence, South 67*53' 51" East 678.06 feet to a 30 inch White Oak; thence, South 15 ° 19' 52" West 465.88 feet to an iron pipe, the same being located North 65 ' 18' 04" West 383.31 feet from the southernmost corner of Tract 2 as shown on Plat Book 53, at Page 57, Buncombe County Registry; thence South 51 °02' 42" West 79.41 feet to a point; thence, South 6 ° 14' 44" East 40.71 feet to a point; thence South 16 °40' 07" East 89.42 feet to a point; thence, South 37 °26' 13" East 328.79 feet to a point; thence South 60°03' 30" West 50.43 feet to a point; thence North 37°26' 13" West 331.95 feet to an 8 inch dogwood located at the southeastern corner of Lot 1 of Clearview Estates as shown in Plat Book 55, at Page 139, Buncombe County Registry; thence, North 16°47' 37" West 115.04 feet to a Walnut stump, the southeastern comer of the aforesaid B. Eller tract; thence North 4° 5721" West 116.09 feet to the point of BEGINNING, and containing 13.42 acres as surveyed for "RIDLEE, LLC" by Charles O. Hampton, R. L. S. dated 9-28-98, Job No. 98064. There is also hereby conveyed an easement for ingress, egress and regress to the above -described property over the extension of New Covenant Drive which extends in a southerly direction and a southwesterly direction (the latter segment of which is shown as Gospel Way) to another 30 foot right of way which leads to Kennedy Road (S. R. 1732) and a right of way over the 30 foot right of way to Kennedy Road, all of which right of way for New Covenant Drive, Gospel Way and the 30 foot right of way is more particularly shown on the plat of Eden's Glen, Phase 1, recorded in Plat Book 53, at Page 57, and which right of way has been dedicated and reserved in deeds for tracts abutting said right of way to the south of the lands described above. And being subject to the easement for all utilities actually serving the property, included but not limited to that certain Carolina Power & Light Company utility easement recorded in Deed Book 1443, at Page 565, Buncombe County Registry, and a communication system right ofway to AT&T recorded in Deed Book 1707, Page 509, Buncombe County Registry. Being also subject to the rights of others to the uninterrupted flow of Little Flat Creek as it crosses the above property, and to the rights of others to use the roadway serving the above property, TRACT TWO: BEGINNING on a point which is the southernmost corner of a triangular tract of land designated as "Well Lot" on a plat entitled "Eden's Glen, Phase I" which is recorded in Plat Book 53, at Page 57, Buncombe County Registry; and runs thence with the lines of the Well Lot, North 24°44' 48" West 11.50 feet to a point and North 05 °46' 37" West 55.00 feet, more or less, to a point which is the terminus of the 26th call contained in a deed from Virgil Southerland, and wife, to Nelson Batista, and wife dated October 29,1981, and recorded in Deed Book 1283, at Page 679, Buncombe County Registry (said land having been later conveyed to Berry Boys, Inc.); thence with the 27th call contained in the Batista deed, South 45 °40' 16" West 96.00 feet to a point in the Northern line of the property of the Westview Baptist Church; thence with the line of said Church property, South 70°45' East 30.95 feet to a concrete monument, the Easternmost point of said Church property; thence continuing with the line of said Church property, South 42' 18' 24" West 149.20 feet to a concrete monument, the Southernmost point of said Church property, said point also being in the edge of N.C. S.R. 1734, also known as Kennedy Road; thence with the boundary of said road, South 06*01' 14" West 50.69 feet to an iron pipe by a concrete monument; thence North 42 ° 18' 24" East 202.83 feet to a 12 inch white oak; thence North 45 °40' 16" East approximately 27.16 feet to the place of BEGINNING. Being a portion of the property conveyed to Berry Boys, Inc. by Nelson Batista, and wife, by deed dated June 4, 1986, and recorded in Deed Book 1432, at Page 313, Buncombe County Registry, which portion constitutes a private roadway leading from Kennedy Road (N.C. S. R. 1734) to Eden's Glen Subdivision as shown on the above referred to plat, which roadway further serves the property ofth Grantee. The tract of land constitutes the entranceway to those roadways known as New Covenant Drive and Gospel Way as shown on the plat above referred to. Ths conveyance is made subject to the rights of third parties to use said roadway as heretofore established by easements and by recorded plat. The conveyance Is subject to the right of way for any utilities located within said tract. TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors, and assigns forever, upon the trusts, terms and conditions, and for the uses_ hereinafter set forth. IfGrantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all ofthe covenants, terms and conditions ofthis Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is nor cured within ten (10) days from the due date, or (b) if there shal I be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15) days after written notice, then and in any of such events, without further notice, it shall be lawful for and the duty of the Trustee, upon request of Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is empowered. The Trustee shall be authorized to retain an attorney to represent him in such proceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording, service fees and incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be live percent (5%) of the gross proceeds of the sale or the minimum sum of $1,500.00 • ,t whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees, and a partial commission computed on five per cent (50/6) of the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to -wit: one-fourth ('/4) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half (%) thereof after issuance of said notice, three -fourths (%) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And Grantor does hereby covenant and agree with the Trustee as follows: 1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit ofBeneficiary against loss by tire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Beneficiary such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to the principal of the Note by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFIT. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder to the debt secured hereby. 4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that may be securing said Note. 5. WASTE. Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use, and that he will not commit or permit any waste. 6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power ofeminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply Ehe amount so received or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments, or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for the current and subsequent years, and leases, and easements, restrictions and rights of way of record, and utility lines, easements and rights of way in use as such may cross or otherwise affect the premises. 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus appointed shall succeed to all rights, powers and duties of the Trustee. 9. ADVANCEMENTS. If Grantor shall fail to perform any.ofthe covenants orobligations contained herein or in any other instrument given as additional security for theNote secured hereby, Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby for sums due after default and shall be due from Grantor on demand of Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 10. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums Y I due after default and shall be due and payable on demand. 11. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time. 12. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee in such action be paid by Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. 13. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 14. SALE OF PREMISES. Grantor agrees that.if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by Grantor, whether voluntary or involuntary or by operation of law (other than: (i) the creation of a lien or other encumbrance to this Deed of Trust which does not relate to a transfer of rights ofoccupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of Grantor becomes an owner of the Premises; (vii i) a transfer into an inter vivos trust in which Grantor is and remains a beneficiary and which does not relate to a transfer of occupancy in the Premises), without the prior consent of Beneficiary, Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in Grantor if a corporation or partnership, whether or not ofrecord and whether or not for consideration, shall be deemed to be the transfer of an interest in the Premises. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed in its name by its duly authorized Manager, the day and year first above written. Seal -Stamp Dry Ridge Properties, LLC a North Carolina limited liability company B I 'afiie; ,.Arnold, Man State of North Carolina, County of Buncombe I; a Notary Public of said State and County, certify that Daniel C. Arnold personally appeared before me this day and acknowledged the due execution of the above instrument by him as Manager of Dry Ridge Properties, LLC, a North Carolina limited liability company, and that he executed the same on behalf of said limited liability company as the act and deed of said limited liability company, with proper authority duly given. n P4' Witness my hand and official seal, this the 2 a� day of September, 2011. Notary Public Print Name: ��a. Y.--- L:BUNCOMBE RGARET L TOMS (VOTARY PUBUG COUNTY, NC Clan EVbw 11-3-2015 My commission expires: 1 i P 3 e 2-0 1 5 Leigh W. Young Eden Glen Mobile Home Park Buncombe Properties, LLC NPDES # NC 0068152 828.691.0586 September 23, 2011 Mr. Bob Guerra North Carolina Department of Environment and Natural Resources 1617 Mail Center Raleigh, NC 27699-1617 Dear Mr. Guerra: This letter serves as notice that as of Friday, September 23, 2011, the Eden Glen Mobile Home Park and the water and waste water system associated with it has been sold to Dry Ridge Properties, LLC. Mr. Dan Arnold is the member manager of this limited liability corporation. Dry Ridge Properties, LLC has a mailing address of P0Box II Barnardsville, NC 28709 I have thoroughly enjoyed my time working with you and the staff at the North Carolina Department of Environment and Natural Resources. You have always treated me in a kind, helpful, and respectful manner. I will always be grateful for your help to me. Please let me know if I need to do anything further. Warmest personal regards, Leigh W. Young