HomeMy WebLinkAbout20171626 Ver 1_Shoreline Stabilization_20171213LAKE NORMAN DREDGING/ MARINE CONSTRUCTION
PO BOX 3156 Mooresville, NC 28117
PH -704-664-1010 I FAX 704-664-6232
NC Dept. of Environmental & Natural Resources
Division of Water Services
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
919-807-6584
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Lake Norman Dredging and Marine Construction has been contacted by:
Afredo Izaguirre
to Dredge an area of lakefront property located at:
111 Ventana Court, Mooresville, NC 28117
n p 1 7 1 6 2 6
The purpose of dredging is to allow easier boat access. The area to be dredged is a
50'X 70' Dredge Area
The dredge spoil will be excavated, then hauled away by barge to our site located at 4561 Slanting
Bridge Rd Denver, NC.
Please contact Mickey at 704-664-1010, if you have any questions or require further information.
We look forward to your response and approval of this project.
Kind Regards,
Mickey Larson
geodredgelarson@gmail.com
r
State of North Carolina
RDepartment of Environment and Natural Resources Division of Water Resources
15A NCAC 02H.0500 — Water Quality Certification, Shoreline Stabilization
Division of Water Resources FORM: SSGP 10-2013
Shoreline Stabilization Application Form
Three copies of the application (including attachments) and the application fee should be sent
to:
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
I. Applicant Information [15A NCAC 02H .0502(a)]
1. Owner Information
Name: Alfredo Izaguirre
Mailing Address: P.O. Box 56265
Atlanta, GA 30343
Telephone Number: 305-992-0775 Fax Number:
E-mail Address: aizaguirre@kpmg.com
2. Agent/ Contact Person Information
A signed and dated copy of the Agent Authorization letter (a form can be downloaded here:
http://www.saw.usace.armv.mil/Portals/59/docs/reeulatorv/reedocs/Permits/SAMPLE AGENT AUTH
ORIZATION FORM.pdf) must be attached if the Agent has signed this application form.
Name: Mickey Larson
Company Affiliation: Lake Norman Dredging
Mailing Address: P.O. Box 3642
Mooresville, NC 28117
Telephone Number: 704-664-1010 Fax Number:
E-mail Address: oeodredgelarson0cimail.com
Person to receive the Certification Approval: Mickey Larson - Lake Norman Dreding
II. Project Information [15A NCAC 02H .0502(a) & (b)]
1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with
respect to local landmarks such as towns, rivers, and roads.
2. Provide a detailed site plan showing property boundaries and proposed locations of
vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces,
FORM: SSGP 10-2013 Page 1 of 3
etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations,
and construction access corridors. You may use the diagram provided at the end of this
application form.
3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale
of some sort- a yard stick, shovel handle, etc.)
4. Location of the property (where work is to be conducted)
County: Iredell
Nearest Town: Mooresville
Subdivision name or site address (include phase/lot number):
Alexander Island
Directions to site - please include road names and numbers, landmarks, etc.:
1-77 S To exit 31 turn right onto Langtree Road, at roundabout take the 2nd exit.
Road name changes to Sailview Drive, turn right to stay on Sailview Drive.
Turnrightright onto Ventana Court. Turn right to stay on Ventana Court. Destination
LatOitu dee iaadec mal degrees) 35.515255 Longitude (decimal degrees) -80.895966
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): Residential
6. Property size (acres): .495
7. Lake/ river/ ocean adjacent to property: Lake Norman
8. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): Purpose of dredging. is to allow easier boat access
9. Will work be conducted from land? ❑ From water? KI
10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.)
below the normal pool lake level/ Normal Water Level in square feet or acres:
3' Below
11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining
walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in
square feet or acres: 2' Above
12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and
50 feet landward to be impacted (number of trees, for instance): N/A
Own er/Agent'SSignature*
Mickey Larson
Printed Name
[15A NCAC 02H .0502(f)l
'Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: SSGP 10-2013
12/6/17
Date
Page 2 of 3
1 `1 .�";
Lake
(At Full nd/ oma ater Le el)f
50 length b
pa.+d �D
{
!y
Full Pond/ aT
Normal Water Level 3' Below
Shoreline 70' Width 2' Above
Please approximately sketch the following information on this plan (provide dimensions for each
item, such as 10 ft x 100 ft) *:
1. All proposed vegetation clearing
2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
4. Location of any proposed structures such as buildings, retaining walls, docks, etc.
S. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
6. Location of construction access corridors
FORM: SSGP 10-2013 Page 3 of 3
Duke Eneray Excavation Permit Application Form
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd Initials
Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date Initials
Date Final Protection/Avoidance Area Markings Field - Verified Initials
Approved to Start Work By * :
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
(Sign)
Initials
Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ❑No (If Yes, explain in PART V)
Date
Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Part I. Applicant Information (Please Print)
Name Alfredo Izatruiure Telephone (305) 992-0775
Email address: aizaguirre@knma.com
Lake Address
111 Ventana Court
Mooresville NC 28117
Mailing Address (if different)
PO BOX 56265
Atlanta, GA 30343
Contractor Company Lake Norman Dredging_& Marine Construction INC
Contractor Contact Person Mickey Larson Telephone (704) 664-1010
Contractor Email Address: geodredgelarson@grnail.com
LAKE LOT INFORMATION
Lake Norman County Iredell City Mooresville State NC Tax Map No.44$910
Subdivision Alexander Island Lot / Section No. 15 Lot Size •g95'Acres
Duke Energy Page 4 of 14 rev 6/20/17
Excavation Program.
Duke Enerzy Excavation Permit Application Form
Are there any Co -Applicants*? (check one) ❑Yes *o (If Yes, include names, street
addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V —
Additional Information)
* Co -Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project, and is done to benefit multiple
owners / lease holders of Project -front properties within a single development. There can be no
more than 4 co -applicants in addition to the lead applicant on any application.
Do not continue the application until an on-site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE: Initialling this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on-site inspection 11 Z 1 i 7
Initials (Duke Energy)
(applicant/contractor)
Duke Energy Page 5 of 14 rev 6/20/17
Excavation Program.
Duke Enemy Excavation Permit Application Form
Part H. Description of Project
A. Basic Info
1. Type of excavation: (check one) ® New excavation ❑ Maintenance excavation
2. Purpose of excavation: (check one) ® Boat Access Channel
❑ Water Intake Channel ❑ Wastewater Discharge Channel
❑ Other (specify):
3. Lake user category: (check one) ®Private ❑Residential Marina
❑Commercial Marina ❑Public
❑Other (spec):
4. Max. Excavation Area Dimensions (ft): Length 50' Width 70'
Depth 3'
(Note: include additional area dimensions if necessary so response to #5 below equals max. area
dimensions in #4)
5. Volume of Excavated Material (TOTAL for the project):
388.88
Cubic yards
6. Type of material removed (applicant determines by field sample if practical): Silt/Sand/Clay
7. Excavation Site area: .08 Acre (s) Disposal Site area: 2.5 Acre
(s)
8. Total Disturbed Area (including equipment staging area): .08 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one)
®Yes ❑No
10. Do you claim title to the disposal area? (check one) ®Yes ❑No
11. Do you claim title to the equipment staging area? (check one) ®Yes ❑No
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes ®No
(If Yes, spec):
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plan and disposal area design): Material will be excavated by hydraulic dredge
and/or excavator, loaded onto barge then hauled to our approved staging area at Slanting
Bridge Road.
Duke Energy Page 6 of 14 rev 6/20/17
Excavation Program.
DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed permit
application to:
DUKE ENERGY
C/O LAKE SERVICES - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193 or Option 5
Applicant's dame: Alfredo Izaguir
Street Address (at lake): 111 Ventana Court
Lake Name: Lake Norman
Subdivision Name: Alexander Island
Property Section:
City: Mooresville
State: NC
Telephone: 305-992-0775
Parcel ID 4634578853 Lot # 15
county: I redel I
Zip:
28117
1-77 S To exit 31 turn right onto Langtree Road, at roundabout take the 2nd exit.
Road name changes to Sailview Drive, turn right to stay on Sailview Drive.
Turn right onto Ventana Court. Turn right to stay on Ventana Court. Destination
is on the right.
gpald AKEMGMT/Package Information/Directions by Road Form.doc August 18, 2006
IREDLLL COUNTY NC
01/17/2001
$810.00
Sr -ITE �f
N%TH
UNA i�fl
Real Estate
Excise Tax
Excise Tax $810.00
169
IMMLL coorr Rc
Book 1236
Pages 2140-2141
FILED 2 PACE IS)
Dl/17/201 11;14 11M
MNDA D. BELL
Register Of Deeds
Recording Time. Book and Paae
Tax Lot No. Parcel Identifier No. 4634-57-8853
Verified by County on the _ day of
by Iq
Mail after recording to Grantee
This instrlunent was prepared by Kimberly E. Fox, 16419-A Northcross Dr., Huntemffle, NC 281178
Brief Description for the index Lotl5, Alexander Island
Map Book 20, Page 101-A
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 29th day of December, 2000 by and
GRANTOR
Roddey Dowd, Sr., and wife,
Elizabeth S. Dowd
GRANTEE
Susan J. Hechtlinger and
Alfredo Izaguirre, as tenants in common
Mailing Address:
128 Pebble Brook Lane
Mooresville, NC 28117
Enter inappropriate block for each party; name, address, and, if
aPWoPrialle, Character of entity, e.g., corporation or partnership
The designation Grantor and Grantee 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 the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land situated in the Town of , Township, Iredell County, North Carolina and more particularly
described as follows:
Being all of Lot 15 (the "Lot") of ALEXANDER ISLAND Subdivision as shown on a map recorded In Map Book 20 at
Page 101-A of the Iredell County Registry, reference to which Is hereby made and incorporated herein by reference.
N
. C. Bar Assoc. Form No. 3 ° 1977
Nnd by Ar- wah kbc N.C. av Assoc
im
i77 -
i
The property hereinabove described was acquired by Grantor by instrument recorded in Book 941, Page 1017.
A map showing the above described property is recorded in Plat Book 20, Page 101-A.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor 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 Grantor 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:
Easements and restrictions of record.
Ad valorem property taxes.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed
in its corporate name by its duly authorized officers and its sea) to be hereunto affixed by authority of its Board of Directors, the day
and year first above written.
By: (SEAL)
ATTEST:
+.
EDTA!
Secretary (Corporate Seal)
4RoddeyDowdirrj��.(SEAL)
E izab t S. Dowd (SEAL}
(SEAL)
(SEAL)
N. C.
STATE OF e ICL eA 13 v m C1=1 count
y.
1, a Notary Public of the County and State aforesaid, certify that RODDEY DOWD, SR., AND WIFE, ELIZABETH S.
S DOWD, personally appeared before me this day and acknowledged the execut'pnoftMforegoinginstrument. Witness
my hand and official stamp or seal, this �_ day oWacamher,�geg. JF #MC IZ �
i My commission expires: — Z O Q3 Z�) I
The foregoing Certificate(s) of _ _ )&r1 V ! t.% �Z_
and Pop shown on the first page hereof.
2—" Ottr`' COUNTY
N.C. Bar ASSMc Form No. 3 c IM
Pm,rcd by Ar—,, -0 the N C. au A-
0003
of Deeds.
Exhibit A (Lead Description)
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN IREDELL COUNTY,
NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT 15 (THE "LOT") OF ALEXANDER ISLAND SUBDIVISION AS
SHOWN ON A MAP RECORDED IN MAP BOOK20 AT PAGE 101-A OF THE IREDELL
COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE AND
INCORPORATED HEREIN BY REFERENCE.
Being that parcel of land conveyed to Susan J. Hechtlinger and Alfredo Izaguirre, as tenants in
common from Roddy Dowd, Sr. and wife, Elizabeth S. Dowd by that deed dated 12/29/2000 and
recorded OV17/2001 in Deed Book 1236, at Page 2140 of the IREDELL County, NC Public
Registry.
Tax Map Reference: 4634578853
MORTH CAROLINA
IREDELL COUNTY
TK CERTIFICATE OF.
IS CERTIFIED TO BE CORRECT.
BOAC 1513
PAGES 1901 -
1915
Ir"011 County, tic
Recorded 12/2e/2ee3
pi.: �wes11" 1 of
Meister
12:33:41pm
15 pages
of Deeds
DEED OF TRUST
WHEN RECORDED MAIL TO:
Bank of America, Collateral Tracking
FL2-00 1 -01 -10
P.O. Box 31590
Tampa, FL 33631-3590
This Dee i T st prepared by.
X l
RICHARD C LAGERMASINI
/5
THIS DEED OF TRUST is dated December 16, 2003, among SUSAN J HECHTLINGER AND ALFREDO
IZAGUIRRE, AS TENANTS IN COMMON I"Grantor"); Bank of America. N.A., whose address is C/o North
Carolina Main Office, 101 S. Tryon Street, Charlotte, NC 28255 (referred to below sometimes as "Lender"
and sometimes as "Beneficiary"); and PRLAP, INC., whose address is PORTFOLIO ADMIN. 1400 BEST PLAZA
DRIVE VA2-410-02-01, RICHMOND, VA 23227-0000 (referred to below as "Trustee").
CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements and other
sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys' -
fees as provided In the Note) and other valuable consideration, the receipt of which is hereby acknowledged, ,
Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant
and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lander as Beneficiary,
all of Grantor's right, title, and interest in and to the following described real property, together with all existing
or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);
and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,
oil, gas, geothermal and similar matters, Ithe "Real Property") located in IREDELL County, State of North
Carolina:
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 2
See Exhibit A. which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
forth herein.
The Real Property or its address is commonly known as LOT 15 VENTANA, MOORESVILLE, NC 28117-0000.
To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the
Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses
hereinafter set forth.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title,
and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,
Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: la) this Deed of Trust is
executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and
authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of
Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor
and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor
has established adequate means of obtaining from Borrower on a continuing basis information about
Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower
(including without limitation the creditworthiness of Borrower).
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or
"anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor,
including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or
after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a
power of sale. Grantor expressly waives, to the extent permitted by North Carolina law, all of Grantor's rights
under (a) N.C. Gen. Stat. Sections 26-7 through 9 (1986) to require Lender to take action, (b) N.C. Gen. Stat.
Section 25-3-606 41965 and Supplement 1985) relating to the impairment of the collateral, and (c) N.C. Gen.
Stat. Section 25-9-501 11986) with respect to the "commercial reasonableness" of any sale of collateral.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to
Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall
strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and
Grantor's possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 11) During the
period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under,
about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, fa) any breach or violation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 3
relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in
writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes
only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due
diligence in investigating the Property for Hazardous Substances. Grantor hereby 1111 releases and waives
any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender
against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly
or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should
have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the
lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,
whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's
prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Grantor to make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or
occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and
withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above in this section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable
ell sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all
or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the
conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three 13) years, lease -option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 4
Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall
not be exercised by Lender if such exercise is prohibited by federal law or by North Carolina law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this
Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of
the Property, and shall pay when due all claims for work done on or for services rendered or material
furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due,
except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of
Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a
good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized.
If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 115) days after the lien
arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge
of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard
extended coverage endorsements on a replacement basis for the full insurable value covering all
Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,
and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability
insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and
basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to
Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or
diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area
designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $10,000.00. Lender may make proof of loss if Grantor
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 5
fails to do so within fifteen 05) days of the casualty. Whether or not Lender's security is impaired, Lender
may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of
the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace
the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost
of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not
been disbursed within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,
then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall
be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing indebtedness described
below is in effect, compliance with the insurance provisions contained in the instrument evidencing such
Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to
the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance
requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of
Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of
the Existing Indebtedness.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests,
encumbrances, and other claims, (8) to provide any required insurance on the Property, (C) to make repairs
to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required
below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's
Interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that
Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for
such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at
Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned
among and be payable with any installment payments to become due during either (1) the term of any
applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these
amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to
which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as
curing the default so as to bar Lender from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee
simple, free and clear of all liens and encumbrances other than those set forth in the Real Property
description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final
title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b)
Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever
defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed
of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender
such instruments as Lender may request from time to time to permit such participation.
Compliants With Laws. Grantor warrants that the Property and Grantor's use of the Property complies
with all existing applicable laws, ordinances, and regulations of governmental authorities.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 6
Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust
shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain
in full force and effect until such time as Borrower's Indebtedness is paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed
of Trust:
Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an
existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing
Indebtedness and to prevent any default on such indebtedness, any default under the instruments
evidencing such indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of
trust, or other security agreement which has priority over this Deed of Trust by which that agreement is
modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall
neither request nor accept any future advances under any such security agreement without the prior
written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in
the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will
deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in
addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and
continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described
below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type
of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed
of Trust, this event shall have the some effect as an Event of Default, and Lender may exercise any or all of
its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to
Lender.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 7
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever
other action is requested by Lender to perfect and continue Lender's security interest in the Personal
Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time
and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in
perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the
Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not
affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
attorney-in-fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and
when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such
times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, instruments
of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's
obligations under the Note, this Deed of Trust, and the Related Documents, and 12) the liens and security
interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by
Grantor. The lien of this Deed of Trust and the security interest granted hereby will automatically attach,
without further act, to all after-acquired property attached to and or used in the operation of the Property
or any pant thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall
reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
paragraph.
Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may
do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby
irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering,
filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the
obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a
request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any
financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.
DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following
happen:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 8
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform
promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to
this Deed of Trust.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in
this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable and if
Borrower or Grantor has not been given a notice of a breach of the same provision of this Deed of Trust
within the preceding twelve (12) months, it may be cured (and no Event of Default will have occurred) if
Borrower or Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure
within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps
sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical.
False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or
on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading
in any material respect, either now or at the time made or furnished.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force
and effect (including failure of any collateral document to create a valid and perfected security interest or
lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the
appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit
of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
or insolvency laws by or against Borrower or Grantor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other
of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or
levying on Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in
good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if
Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety
bond satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement
between Borrower or Grantor and Lender that is not remedied within any grace period provided therein,
including without limitation any agreement concerning any indebtedness or other obligation of Borrower or
Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the Indebtedness.
Insecurity. Lender in good faith believes itself insecure.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing
Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or
a default occurs under the instrument securing such indebtedness and is not cured during any applicable
grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on
the Property.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Dead of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 9
remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of
Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise Lender's remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to
declare the entire Indebtedness immediately due and payable, including any prepayment penalty which
Borrower would be required to pay.
Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the
duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the
Property at public auction for cash, after having first complied with all applicable requirements of North
Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales
appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the
purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the
powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise,
the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its
sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General
Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Reed of Trust at
one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of
the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire
Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured
by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security
instruments, Lender may at its option exercise the remedies granted under any of the security agreements
either concurrently or independently and in such order as Lender may determine.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either
case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Colim Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and
manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net
proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to
Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's
attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's
demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds
for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,
or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,
at Lender's option, either 11) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 10
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or
the Note or by law.
Notice of Sala. Lender shall give Grantor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private sale or other intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of
the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any
and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender
shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales.
Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate
any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost
of searching records, obtaining title reports lincluding foreclosure reports), surveyors' reports, and appraisal
fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will
pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; Ib) join in granting any easement or creating any restriction on the
Real Property, and (c) join in any subordination or other agreement affecting this Deed of Trust or the
interest of Lender under this Deed of Trust.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the
rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have
the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure,
in either case in accordance with and to the full extent provided by applicable law.
Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for
a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all
expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding
Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a
notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing;
three-fourths of the commission after a hearing; and the full commission after the initial sale.
Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any time and
from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to
appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such
written instrument to be recorded in the State of North Carolina; and, in the event of the death or
resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor
DEED OF TRUST
Loon No: 7022714237 (Continued) Page 11
by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and
shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner
and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.
Any person may change his or her address for notices under this Deed of Trust by giving formal written notice
to the other person or persons, specifying that the purpose of the notice is to change the person's address.
For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless
otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any
Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the
notice from Lender.
NONTITLED SPOUSES AND NON -BORROWER GRANTORS. Any Grantor or Trustor who signs this Deed of
Trust, Mortgage or Modification ("Security Instrument") but does not execute the Note or Credit Agreement
("Non -borrower Grantor or Trustor"): (a) is signing only to grant, bargain, sell and convey such Non -borrower
Grantor's or Trustor's interest in the Property under the terms of this Security Instrument; (b) is not by signing
becoming personally obligated to pay the Note or Credit Agreement; and (c) agrees that without such
Non -borrower Grantor's or T►ustor's consent, Lender and any other Grantor or Trustor may agree to renew,
extend, modify, forbear or make any accommodations with regard to the terms of all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds
of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether
now or hereafter existing, executed in connection with the obligation evidenced by the Note or the Credit
Agreement ("Related Document"!.
Any spouse of a Grantor or Trustor who is not in title to the Property and who signs this Security Instrument:
(a) is signing only to grant, bargain, sell and convey any marital and homestead rights of such spouse in the
Property; (b) is not by signing becoming personally obligated to pay the Note or Credit Agreement; and (c)
agrees that without such spouse's consent, Lender and any other Grantor or Trustor may agree to renew,
extend, modify, forbear or make any accommodations with regard to the terms of any Related Document.
Neither of the two foregoing sentences limit the liability of any Non -borrower Grantor or Trustor or signing
spouse of a Grantor or Trustor, as applicable, under any guaranty agreement or other agreement by such
person, whereby such person becomes liable for the Indebtedness in whole or in part; both such sentences
apply notwithstanding any language to the contrary in this Security Instrument or any of the Related
Documents and apply only to the extent permitted by applicable law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire
agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change
or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or
obligated by the change or amendment.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consent of Lender.
Governing Law. This Deed of Trust will be governed by and interpreted in accordance with federal law and
the laws of the State of North Carolina. This Deed of Trust has been accepted by Lender in the State of
North Carolina.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 12
Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint
and several, and all references to Grantor shall mean each and every Grantor, and all references to
Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below
is responsible for all obligations in this Deed of Trust.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed
of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will
not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's
rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust.
Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not
have to get Lender's consent again if the situation happens again. Grantor further understands that just
because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required
to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest,
and notice of dishonor.
Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,
that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,
a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust
may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's
interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors
and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without
notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Dead of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
Beneficiary. The word "Beneficiary" means Bank of America, N.A., and its successors and assigns.
Borrower. The word "Borrower" means SUSAN HECHTLINGER and ALFREDO IZAGUIRRE and includes all
co-signers and co -makers signing the Note.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee,
and includes without limitation all assignment and security interest provisions relating to the Personal
Property and Rents.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization
Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of
Trust in the default section of this Deed of Trust.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing
Liens provision of this Deed of Trust.
Grantor. The word "Grantor" means SUSAN J HECHTLINGER and ALFREDO IZAGUIRRE.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
DEED OF TRUST
Loan No: 7022714237 ICOntinued) Page 13
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
in their very broadest sense and include without limitation any and all hazardous or toxic substances,
materials or waste ss defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or
Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided in this Deed of Trust.
Lender. The word "Lender" means Bank of America, N.A., its successors and assigns. The words
"successors or assigns" mean any person or company that acquires any interest in the Note.
Note. The word "Note" means the promissory note dated December 16, 2003, in the original principal
amount of $321,457.61 from Borrower to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
The maturity date of this Deed of Trust is January 15, 2007.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described
in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,
and other benefits derived from the Property.
Trustee. The word "Trustee" means PRLAP, INC., whose address is PORTFOLIO ADMIN. 1400 BEST
PLAZA DRIVE VA2-410-02-01, RICHMOND, VA 23227-0000 and any substitute or successor trustees.
DEED OF TRUST
Loan No: 7022714237 (Continued) Pape 14
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
EACH GRANTOR AGREES TO ITS TERMS.
GRANTOR:
INDIVIDUAL ACKNOWLEDGMENT
STATE OF &ORTW C�qk)L / /yt
)SS
COUNTY OF ��a
(, ZAgIQ y' G J 1 , a Notary Public for said County and State,
certify that SUSA J HECHTLING R and ALFREDO IZAGUIRRE personally came before me this day and
acknowledged the due execution of the foreooina instrument.
Witness my hand and Notarial Seal this the .7 c J
My Commission Expires: +' ' N 0 TA q y
'OUB LIC ;4
( Affix Notarial Seal Here )
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ALEXANDER ISLAND MAP 2 OF 3
DAVIDSON TWSP..IREDELL CO..NC
ALEXANDER ISLAND DEVELOPEMENT CORP.
(*,,, aCA
Lon NORMAN -L JOHN R. YARBROUGH & ASSOCIATES, INC.
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FILED
CATAWBA COUNTY
RUTH MACKIE
REGISTER OF DEEDS
FILED
AT
BOOK
PAGE
REVENUE $596,00
Catawba County 0&04200.3
NORM CAROLINA
Real Fie p —
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Excise Tax S 5%.00
Jun 04, 2003
10:07:03 am
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21474PA6f 8 22
regoing—bficate(s) of
SUSAN HIGGINSON
0802 notary/notaries public
re cerUfiedjq be correct.
r
RU MACKIE Register of Deeds
Recording Time, Book and Page
Tax Lot No.: 4606-02.67-054 Parcel Identifier No.
b by County on the day of 20
b
it after recording to Cr�ent Resource.& LLC Atm S teen o ,� un Box 1003 Charlotte NC 28202
This insu m—t wass prepared by Parker_ Poe Adanrc & Bernstein L.i_P . ThnY
Brief Description For The Index:
4.235 Acre& Mountain Creek Township, Catawba County, NC
NORTH CAROLINA SPECIAL WARRANTY DEED
THUS DEED made this Qdkff day of June, 2003, by and beween:
GRANTOR ( GRANTEE
CRESCENT RESOURCES, LLC,
a Georgia limited liability company
S -Tract 3458
LAKE NORMAN DREDGING & MARINE
CONS M- UCTUON, INC., a North Carolina
corpofttion
P. O. Box 3156
Mooresville, NC 28117
Entre in approprieW block for each party: name. address, arq• N
appropriate, clraraUar of erraty, e.g. corporation or parhrraNp.
The designation Grantor and Grantee 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
VVITNESSEM that Grantor, for a valuable consideration paid by Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee
simple, all that certain lot or parcel of land described in Exhibit A attached hereto (` Property"1.
CLT 696769v i
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https://iredell.connectgis.com/N4ap.aspx 12/6/2017
Iredell.ConnectGIS
I&CONNECTGGIS
WEE HOSINGIredell County
m
n
Page 1 of 1
1:58
Excel 2000/2003
Address city State Zip Street Name
1 111 VENTANA CT MOORESVILLE NC 28117 VENTANA
https://iredell.connectgis.com/Map.aspx 12/6/2017
10/5/2017
IMG_20170928_121020210_BU RST000_COVER_TOP.jpg
https://mail.google.com/mail/u/0/#inbox/15eece9562289e2e?projector=l 1/1
10/5/2017 IMG_20170928_121020210_BURST000_COVER TOPjpg
�l I
https://mail.google.com/mail/u/0/#inbox/15eece9562289e2e?projector=1
LAKE NORMAN DREDGING/ MARINE CONSTRUCTION
PO BOX 3156 Mooresville, NC 28117
PH -704-664-1010 I FAX 704-664-6232
NC Dept. of Environmental & Natural Resources
Division of Water Services
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
919-807-6584
oGC�C�O�IC�
D
!r l; 1 3 2017
DEQ -WATER RESOURCES
401 8 BUFFER PERMITTINg
Lake Norman Dredging and Marine Construction has been contacted by:
Afredo Izaguirre
to Dredge an area of lakefront property located at:
111 Ventana Court, Mooresville, NC 28117
The purpose of dredging is to allow easier boat access. The area to be dredged is a
180' of Shoreline Stabilization
The dredge spoil will be excavated, then hauled away by barge to our site located at 4561 Slanting
Bridge Rd Denver, NC.
Please contact Mickey at 704-664-1010, if you have any questions or require further information.
We look forward to your response and approval of this project.
Kind Regards,
Mickey Larson
geodredgelarson@gmail.com
Af
10
State of North Carolina
D Department of Environment and Natural Resources
Division of Water Resources
Divlslon of Wafer Resources 15A NCAC 02H .0500 — Water Quality Certification, Shoreline Stabilization
FORM: SSGP 10-2013
Shoreline Stabilization Application Form
Three copies of the application (including attachments) and the application fee should be sent
to:
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
I. Applicant Information f 15A NCAC 02H .0502(a)]
1. Owner Information
Name: Alfredo Izaguirre
Mailing Address: P.O. Box 56265
Atlanta, GA 30343
Telephone Number: 305-992-0775 Fax Number:
E-mail Address: aizaguirre@kpmg.com
2. Agent/ Contact Person Information
A signed and dated copy of the Agent Authorization letter (a form can be downloaded here:
htti)://www.saw.usace.army.mil/Portals/59/docs/reRulatory/reRdocs/Permits/SAMPLE AGENT AUTH
ORIZATION FORM.pdf) must be attached if the Agent has signed this application form.
Name: Mickey Larson
Company Affiliation: Lake Norman Dredging
Mailing Address: P.O. Box 3642
Mooresville, NC 28117
Telephone Number: 704-664-1010 Fax Number:
E-mail Address: aeodredaelarson0amail.com
Person to receive the Certification Approval: Mickey Larson - Lake Norman Dredina
II. Project Information [15A NCAC 02H .0502(a) & (b)]
1. Attach a vicinity map (i.e. street map) clearly showing the location of the property with
respect to local landmarks such as towns, rivers, and roads.
2. Provide a detailed site plan showing property boundaries and proposed locations of
vegetation clearing, structures (buildings, retaining walls, docks, impervious surfaces,
FORM: SSGP 10-2013 Page 1 of 3
AO
0
etc.), rip rap, excavation or dredging below Full Pond/ Normal Water Level elevations,
and construction access corridors. You may use the diagram provided at the end of this
application form.
3. Attach a photograph of the shoreline/ buffer proposed to be stabilized. (Include a scale
of some sort- a yard stick, shovel handle, etc.)
4. Location of the property (where work is to be conducted)
County: Iredell
Nearest Town: Mooresville
Subdivision name or site address (include phase/lot number):
Alexander Island
Directions to site - please include road names and numbers, landmarks, etc.:
1-77 S To exit 31 turn right onto Langtree Road, at roundabout take the 2nd exit.
Road name changes to Sailview Drive, turn right to stay on Sailview Drive.
Turn right onto Ventana Court. Turn right to stay on Ventana Court. Destination
aLMu ee(in adecimal degrees) 35.515255 Longitude (decimal degrees) -80.895966
5. Describe the existing land use or condition of the site at the time of this application
(residential, undeveloped, etc.): Residential
6. Property size (acres): .495
7. Lake/ river/ ocean adjacent to property: Lake Norman
8. Describe proposed work (include discussion as to how hardening of shoreline has been
avoided, or why it is necessary): Modification of existing shoreline stabilization. deliver &
install rip/rap including erosion control fabric.
9. Will work be conducted from land? ❑ From water? KI
10. Total amount of disturbance (including all excavation, backfill, rip rap, retaining walls, etc.)
below the normal pool lake level/ Normal Water Level in square feet or acres:
3' Below
11. Total amount of disturbance (including all clearing, back fill, excavation, rip rap, retaining
walls, etc.) above the normal pool lake level/ Normal Water Level and 50 feet land -ward in
square feet or acres: 2' Above
12. Please describe the vegetation above the normal pool lake level/ Normal Water Level and
50 feet landward to be impacted (number of trees, for instance): N/A
Own er/Agent'oignatu re *
Mickey Larson 12/6/17
Printed Name
[15A NCAC 02H .0502(f)l
'Agent's signature is valid only if an authorization letter from the owner is provided.
FORM: SSGP 10-2013
Date
Page 2 of 3
Please approximately sketch the following information on this plan (provide dimensions for each
item, such as 10 ft x 100 ft) *:
1. All proposed vegetation clearing
2. Location of rip rap or fill to be placed above the Full Pond/ Normal Water Level elevation
3. Location of rip rap or fill to be placed below the Full Pond/ Normal Water Level elevation
4. Location of any proposed structures such as buildings, retaining walls, docks, etc.
5. Location of any excavation or dredging below the Full Pond/ Normal Water Level elevation
6. Location of construction access corridors
FORM: SSGP 10-2013
Page 3 of 3
Duke Enerry Excavation Permit Application Form
FOR DUKE ENERGY USE ONLY
Duke File No.
Application Fee $ Security Deposit $ Check # Date Recv'd
Date of Duke Energy Lake Services, applicant and/or contractor on-site inspections Date
Date Final Protection/Avoidance Area Markings Field - Verified
Approved to Start Work By
Date Completion Required
Date Passed Closeout Inspection*
(Print)
Date of Any Approved Extension
Initials
(Sign)
Initials
Initials
Initials
Date
Initials
Any Stop Work Orders or SMG Violations*? (check one) ❑Yes ONo (If Yes, explain in PART V)
I Date Deposit Refunded Initials Date Permit Database Updated Initials
* Forward copy of approved application (all pages, plus any attachments that Duke Energy changed) back to applicant
with Approval Letter and highlight any changes. File copies of Approval and Close-out Checklists and any Stop Work
Orders with application.
Part I. Applicant Information (Please Print)
Name_ Alfredo Izaguirre Telephone (305) 992-0775
Email address: aizapuirre@jWmg.com
Lake Address Mailing Address (if different)
111 Ventana Court PO BOX 56265
Mooresville NC 28117 Atlanta, GA 30343
Contractor Company Lake Norman Dredging& Marine Construction INC
Contractor Contact Person Mickey Larson Telephone (704) 664-1010
Contractor Email Address: _geodredgelarson@mail.com
LAKE LOT INFORMATION
Lake Norman County Iredell City Mooresville State NC Tax Map No.'filMJ f ") '" +
Subdivision Alexander Island Lot/ Section No. 15 Lot Size •q% Acres
Duke Energy Page 4 of 14 rev 6/20/17
Excavation Program.
Duke Energy Excavation Permit Application Form
Are there any Co -Applicants*? (check one) ❑Yes [io (If Yes, include names, street
addresses or lot numbers, pier numbers, phone numbers, and email addresses in Part V —
Additional Information)
* Co -Applicants exist when the proposed work is being done under a single application, will be
performed by a single contractor as one continuous project, and is done to benefit multiple
owners / lease holders of Project -front properties within a single development. There can be no
more than 4 co -applicants in addition to the lead applicant on any application.
Do not continue the application until an on-site inspection has been conducted between a
Duke Energy Lake Representative and the applicant and/or the excavation contractor.
NOTE. Initialling this portion of the application by a Lake Representative in no way
constitutes approval or eminent approval of the excavation or any other lake use permitting
activity.
Date of on-site inspection I 1 Z 1 17
Initials (Duke Energy)V_11(applicant/contractor)
Duke Energy Page 5 of 14 rev 6/20/17
Excavation Program.
Duke Enemy Excavation Permit Application Form
Part H. Description of Project
A. Basic Info
1. Type of excavation: (check one)
2. Purpose of excavation: (check one)
❑ Water Intake Channel
❑ Other (spec):
3
Lake user category: (check one)
❑Commercial Marina
❑Other (spec):
® New excavation ❑ Maintenance excavation
® Boat Access Channel
❑ Wastewater Discharge Channel
®Private ❑Residential Marina
❑Public
4. Max. Excavation Area Dimensions (ft): Length 50' Width 70'
Depth 3'
(Note: include additional area dimensions if necessary so response to #5 below equals max. area
dimensions in #4)
5. Volume of Excavated Material (TOTAL for the project):
388.88
Cubic yards
6. Type of material removed (applicant determines by field sample ifpractical): Silt/Sand/Clay
7. Excavation Site area: .08 Acre (s) Disposal Site area: 2.5 Acre
(s)
8. Total Disturbed Area (including equipment staging area): .08 Acre (s)
9. Does the project meet the requirements of the applicable General Permit? (check one)
®Yes ONO
10. Do you claim title to the disposal area? (check one) ®Yes ONO
11. Do you claim title to the equipment staging area? (check one) ®Yes ONO
12. Are there any water -treatment facilities within 50 feet of the proposed excavation area?
(check one) ❑Yes ®No
(If Yes, specify):
13. How will the excavated material be entrapped and the erosion controlled? (e.g. see attached
erosion control plan and disposal area design): Material will be excavated by hydraulic dredAe
and/or excavator, loaded onto barge then hauled to our approved staging area at Slanting
Bridge Road.
Duke Energy Page 6 of 14 rev 6/20/17
Excavation Program.
DUKE ENERGY DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed permit
application to:
DUKE ENERGY
C/O LAKE SERVICES - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800443-5193 or Option 5
Applicant's Name: Alfredo Izaguir
Street Address (at lake): 111 Ventana Court
Lake Name:
Subdivision Name:
Property Section: _
Lake Norman
Alexander Island
City: Mooresville
State: NC
Telephone: 305-992-0775
Parcel ID 4634578853 Lot # 15
county: Iredell
Zip:
28117
1-77 S To exit 31 turn right onto Langtree Road, at roundabout take the 2nd exit.
Road name changes to Sailview Drive, turn right to stay on Sailview Drive.
Turn right onto Ventana Court. Turn right to stay on Ventana Court. Destination
is on the right.
gpaId AKEMGMT/Package lnformation/Duwbons by Road Formdoc August 18, 2006
I
Tax Lot No.
Verified by.
by
169
IAEDELL COUM WC 01/17/2001
$810.00
ST nTf rf H
fIJMA= ,�. Real Estate
C p : Excise Tax
Excise Tax $810.00
IUDELL Cotatrr PC
Book 1236
Pages 2140-2141
FILED 2 FACE13;
01/17/2001 11:14 BM
MEDA D. BELL
it"Ister of Daeds
Recording Time. Book and Page
Parcel Identifier No. 4634-57-8853
County on the , day of , 19
Mail after recording to Grantee
This instrument was prepared by Kimberly E. Fox, 16419-A Northcross Dr., Rtmtersville, NC 28078
Brief Description for the index Lotl5, Alexander Island
Map Book 20, Page 101-A
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 29th
GRANTOR
Roddey Dowd, Sr., and wife,
Elizabeth S. Dowd
GRANTEE
Susan J. Hechtlinger and
Alfredo Izaguirre, as tenants in common
Mailing Address:
128 Pebble Brook Lane
Mooresville, NC 28117
Enter in appropriate block for each party: mane, address, and, if eppropritle, character of ertty. e.g., corpora w or partnership
The designation Grantor and Grantee 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 the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all thatcertain
lot or parcel of land situated in the Town of , Township, lredell County, North Carolina and more particularly
described as follows:
Being all of Lot 15 (the "Lot') of ALEXANDER ISLAND Subdivision as shown on a map recorded In Map Book 20 at
Page 101-A of the Iredetl County Registry, reference to which Is hereby made and incorporated herein by reference.
N.C. Bar Assoc Form No. 3 0 1977
Primcd by Arrernetu with dk N.C. au Asa.
000
The property hereinabove described was acquired by Grantor by instrument recorded in Book 841, Page 1017.
A map showing the above described property is recorded in Plat Book 20, Page 101-A.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor 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 Grantor 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:
Easements and restrictions of record.
Ad valorem property taxes.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed
in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day
and year first above written.
Roddey Dowd, Sr (SEAL)
By: (SEAL)
E zab , S. Dowd (SEAL)
ATTEST:
(SEAL)
Secretary (Corporate Seal) (SEAL)
STATE OF lb - (3 V (@ t3 County.
1, a Notary Public of the County and State aforesaid, Cattily that RODDEY DOWD. SR., AND WIFE, EMASM S.
'} s
DOWD, personally appeared befo
rs me this day and acknowledged the exacutlgrii ofthe foregoing instrument. Witness
s my hand and official stamp or seal, this day oi.Daoambar,2gag–JAt7VxlZt�
�.�� ZO
i .c s My commission expires: 0–;
The
The foregoing Certificate(s) of _ tr �Q i–� �� ( ck
are duly
N.C. Bar Assoc. Form No. 3 c 1977
Pm W by Ag,u+nen, WM the N.C. Bu A—
#003
— at LF I= ua'v Ono to me nook and
^Page shown on the first page hereof.
�
REGISTER OF DEEDS FOR � (Q' l COUNTY
�0/Assistant-Register of Deeds.
Exhibit A (I. zal Description)
ALL THAT CERTAIN LOT OR PARCEL OF LAND SITUATED IN IREDELL COUNTY,
NORTH CAROLINA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING ALL OF LOT 15 (THE "LOT") OF ALEXANDER ISLAND SUBDIVISION AS
SHOWN ON A MAP RECORDED IN MAP BOOK 20 AT PAGE 101-A OF THE IREDELL
COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE AND
INCORPORATED HEREIN BY REFERENCE.
Being that parcel of land conveyed to Susan J. Hechdinger and Alfredo Izaguirre, as tenants in
common from Roddy Dowd, Sr. and wife, Elizabeth S. Dowd by that deed dated 12/29/2000 and
recorded 01/17/2001 in Deed Book 1236, at Page 2140 of the IREDELL County, NC Public
Registry.
Tax Map Reference: 4634578853
NORTH CAROLINA
IREDELL COUNTY
TI -IE CERTIFICATE OF:
IS CERTIFIED TO BE CORRECT.
BOOK 1513
PAGES 1991 - 1915
iredell county, NC
aree12/2e/2ie3 12:3e11 i3:41paAeoeR.gits page
s�W" &er
of Dead&
DEED OF TRUST
WHEN RECORDED MAIL TO:
'Bank of America, Collateral Tracking
FL2-00 1 -01 -10
P.O. Box 31590
Tampa, FL 33631-3590
This Deet4f T at prepared by.
X l
RICHARD C LAGERMASINI
/S
THIS DEED OF TRUST is dated December 16, 2003, among SUSAN J HECHTLINGER AND ALFREDO
IZAGUIRRE, AS TENANTS IN COMMON 1"Grantor"); Bank of America, N.A., whose address is Wo North
Carolina Main Office, 101 S. Tryon Street, Charlotte, NC 28255 (referred to below sometimes as "Lender"
and sometimes as "Beneficiary"); and PRLAP, INC., whose address is PORTFOLIO ADMIN. 1400 BEST PLAZA
DRIVE VA2-410-02-01, RICHMOND, VA 23227-0000 (referred to below as "Trustee").
CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements and other
sums expended by the Beneficiary pursuant to this Dead of Trust and costs of collection (including attorneys' -
fees as provided in the Note) and other valuable consideration, the receipt of which is hereby acknowledged, ;
Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, seg, give, grant '-
and convey to Trustee, and Trustee's heirs or successors end assigns, for the benefit of Lender as Beneficiary,
all of Grantor's right, title, and interest in and to the following described real property, together with all existing
or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);
and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,
oil, gas, geothermal and similar matters, (the "Real Property") located In IREDELL County, State of North
Carolina:
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 2
See Exhibit A. which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
forth herein.
The Real Property or its address Is commonly known as LOT 15 VENTANA, MOORESVILLE, NC 28117-0000.
To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the
Trustee, his heirs, successors and assigns forever, upon the trusts, terns and conditions and for the uses
hereinafter set forth.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title,
and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,
Grantor grants to Lender a Uniform Commercial Coder security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8)
PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: la) this Deed of Trust is
executed at Borrower's request and not at the request of Lender; (b► Grantor has the full power, right, and
authority to enter into this Deed of Trust and to hypothecate the Property; lc) the provisions of this Deed of
Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor
and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor
has established adequate means of obtaining from Borrower on a continuing basis information about
Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower
(including without limitation the creditworthiness of Borrower).
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or
"anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor,
including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or
after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a
power of sale. Grantor expressly waives, to the extent permitted by North Carolina law, all of Grantor's rights
under (a) N.C. Gen. Stat. Sections 26-7 through 9 (1986) to require Lender to take action, (b) N.C. Gen. Stat.
Section 25-3-606 (1965 and Supplement 1985) relating to the impairment of the collateral, and (c) N.C. Gen.
Stat. Section 25-9-501 (1986) with respect to the "commercial reasonableness" of any sale of collateral.
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to
Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall
strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and
Grantor's possession and use of the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the
period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under,
about or from the Property; 12) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 3
relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in
writing, la) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes
only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due
diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives
any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender
against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly
or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should
have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the
lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property,
whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's
prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Grantor to make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or
occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and
withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above in this section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable
all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all
or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the
conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 4
Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall
not be exercised by Lender if such exercise is prohibited by federal law or by North Carolina law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are pan of this
Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes,
assessments, charges (including water and sewer), fines and impositions levied against or on account of
the Property, and shall pay when due all claims for work done on or for services rendered or material
furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal
to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due,
except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of
Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a
good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized.
If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien
arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge
of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard
extended coverage endorsements on a replacement basis for the full insurable value covering all
Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,
and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability
insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and
basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to
Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or
diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Grantor or any other person. Should the Real Property be located in an area
designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $10,000.00. Lender may make proof of loss if Grantor
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 5
fails to do so within fifteen 115) days of the casualty. Whether or not Lender's security is impaired, Lender
may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of
the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace
the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost
of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not
been disbursed within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,
then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall
be paid to Grantor as Grantor's interests may appear.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described
below is in effect, compliance with the insurance provisions contained in the instrument evidencing such
Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to
the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance
requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of
Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of
the Existing Indebtedness.
LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property tree of all taxes, liens, security interests,
encumbrances, and other claims, (e) to provide any required insurance on the Property, (C) to make repairs
to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required
below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's
Interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that
Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for
such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at
Lender's option, will IA) be payable on demand; 18) be added to the balance of the Note and be apportioned
among and be payable with any installment payments to become due during either (1) the term of any
applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment
which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these
amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to
which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as
curing the default so as to bar Lender from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Trust:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee
simple, free and clear of all liens and encumbrances other than those set forth in the Real Property
description or in the Existing Indebtedness section below or in any title insurance policy, title report, or final
title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b)
Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever
defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed
of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender
such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies
with all existing applicable laws, ordinances, and regulations of governmental authorities.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 6
Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust
shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain
in full force and effect until such time as Borrower's Indebtedness is paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed
of Trust:
Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be secondary and inferior to an
existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing
Indebtedness and to prevent any default on such indebtedness, any default under the instruments
evidencing such indebtedness, or any default under any security documents for such indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of
trust, or other security agreement which has priority over this Deed of Trust by which that agreement is
modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall
neither request nor accept any future advances under any such security agreement without the prior
written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in
the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will
deliver or cause to be delivered to Lender such instruments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in
addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and
continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described
below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type
of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Borrower.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed
of Trust, this event shall have the some effect as an Event of Default, and Lender may exercise any or all of
its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to
Lender.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 7
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever
other action is requested by Lender to perfect and continue Lender's security interest in the Personal
Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time
and without further authorization from Grantor, file executed counterparts, copies or reproductions of this
Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in
perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the
Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not
affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it
available to Lender within three (3) days after receipt of written demand from Lender to the extent
permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
attorney-in-fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and
when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such
times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, instruments
of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve 11) Borrower's and Grantor's
obligations under the Note, this Deed of Trust, and the Related Documents, and 121 the liens and security
interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by
Grantor. The lien of this Deed of Trust and the security interest granted hereby will automatically attach,
without further act, to all after-acquired property attached to and or used in the operation of the Property
or any part thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall
reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
paragraph.
Attomey-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may
do so for and in the name of Grantor and at Grantor's expense. for such purposes, Grantor hereby
irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering,
filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Borrower pays all the Indebtedness when due, and otherwise performs all the
obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a
request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any
financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any
reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.
DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following
happen:
Payment Default. Borrower fails to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 8
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Break Other Promises. Borrower or Grantor breaks any promise made to Lender or fails to perform
promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to
this Deed of Trust.
Compliance Default. Failure to comply with any other tern, obligation, covenant or condition contained in
this Deed of Trust, the Note or in any of the Related Documents. If such a failure is curable and if
Borrower or Grantor has not been given a notice of a breach of the same provision of this Deed of Trust
within the preceding twelve (12) months, it may be cured land no Event of Default will have occurred) if
Borrower or Grantor, after Lender sends written notice demanding cure of such failure: (a) cures the failure
within fifteen (15) days; or (b) if the cure requires more than fifteen (15) days, immediately initiates steps
sufficient to cure the failure and thereafter continues and completes all reasonable and necessary steps
sufficient to produce compliance as soon as reasonably practical.
False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or
on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading
in any material respect, either now or at the time made or furnished.
Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force
and effect (including failure of any collateral document to create a valid and perfected security interest or
lien) at any time and for any reason.
Death or Insolvency. The death of Borrower or Grantor, the insolvency of Borrower or Grantor, the
appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit
of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy
or insolvency laws by or against Borrower or Grantor.
Talking of the Property. Any creditor or governmental agency tries to take any of the Property or any other
of Borrower's or Grantor's property in which Lender has a lien. This includes taking of, garnishing of or
levying on Borrower's or Grantor's accounts with Lender. However, if Borrower or Grantor disputes in
good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if
Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety
bund satisfactory to Lender to satisfy the claim, then this default provision will not apply.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement
between Borrower or Grantor and Lender that is not remedied within any grace period provided therein,
including without limitation any agreement concerning any indebtedness or other obligation of Borrower or
Grantor to Lender, whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the Indebtedness.
Insecurity. Lender in good faith believes itself insecure.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing
Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or
a default occurs under the instrument securing such indebtedness and is not cured during any applicable
grace period in such instrument, or any suit or other action is commenced to foreclose any existing lien on
the Property.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 9
remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of
Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare
Grantor in default and to exercise Lender's remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Borrower or Grantor to
declare the entire Indebtedness immediately due and payable, including any prepayment penalty which
Borrower would be required to pay.
Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the
duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the
Property at public auction for cash, after having first complied with all applicable requirements of North
Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales
appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the
purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the
powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise,
the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its
sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General
Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at
one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of
the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire
Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured
by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security
instruments, Lender may at its option exercise the remedies granted under any of the security agreements
either concurrently or independently and in such order as Lender may determine.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either
case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and
manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net
proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender
may require any tenant or other user of the Property to make payments of rent or use fees directly to
Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's
attorney4n-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate
the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's
demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds
for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent,
or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall,
at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property immediately upon the demand of Lender.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 10
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or
the Note or by law.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private sale or other intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of
the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any
and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender
shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales.
Lender shall be entitled to bid at any public sale on all or any portion of the Property.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate
any automatic stay or injunction), appeals, and any anticipated post -judgment collection services, the cost
of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal
fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will
pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; Ib) join in granting any easement or creating any restriction on the
Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the
interest of Lender under this Deed of Trust.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the
rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have
the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure,
in either case in accordance with and to the full extent provided by applicable law.
Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for
a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all
expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding
Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a
notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing;
three-fourths of the commission after a hearing; and the full commission after the initial sale.
Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any time and
from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to
appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such
written instrument to be recorded in the State of North Carolina; and, in the event of the death or
resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 11
by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and
shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner
and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.
Any person may change his or her address for notices under this Deed of Trust by giving formal written notice
to the other person or persons, specifying that the purpose of the notice is to change the person's address.
For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless
otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any
Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the
notice from Lender.
NONTITLED SPOUSES AND NON -BORROWER GRANTORS. Any Grantor or Trustor who signs this Deed of
Trust, Mortgage or Modification ("Security Instrument") but does not execute the Note or Credit Agreement
f"Non-borrower Grantor or Trustor"): (a) is signing only to grant, bargain, sell and convey such Non -borrower
Grantor's or Trustor's interest in the Property under the terms of this Security Instrument; (b) is not by signing
becoming personally obligated to pay the Note or Credit Agreement; and (c) agrees that without such
Non -borrower Grantor's or Trustor's consent, Lender and any other Grantor or Trustor may agree to renew,
extend, modify, forbear or make any accommodations with regard to the terms of all promissory notes, credit
agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds
of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether
now or hereafter existing, executed in connection with the obligation evidenced by the Note or the Credit
Agreement ('Related Document").
Any spouse of a Grantor or Trustor who is not in title to the Property and who signs this Security Instrument:
(a) is signing only to grant, bargain, sell and convey any marital and homestead rights of such spouse in the
Property; (b) is not by signing becoming personally obligated to pay the Note or Credit Agreement; and (c)
agrees that without such spouse's consent, Lender and any other Grantor or Trustor may agree to renew,
extend, modify, forbear or make any accommodations with regard to the terms of any Related Document.
Neither of the two foregoing sentences limit the liability of any Non -borrower Grantor or Trustor or signing
spouse of a Grantor or Trustor, as applicable, under any guaranty agreement or other agreement by such
person, whereby such person becomes liable for the Indebtedness in whole or in part; both such sentences
apply notwithstanding any language to the contrary in this Security Instrument or any of the Related
Documents and apply only to the extent permitted by applicable law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire
agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change
or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or
obligated by the change or amendment.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consent of Lender.
Governing Law. This Deed of Trust will be governed by and interpreted in accordance with federal law and
the laws of the State of North Carolina. This Deed of Trust has been accepted by Lender in the State of
North Carolina.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 12
Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint
and several, and all references to Grantor shall mean each and every Grantor, and all references to
Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below
is responsible for all obligations in this Deed of Trust.
No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed
of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will
not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's
rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust.
Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not
have to get Lender's consent again if the situation happens again. Grantor further understands that just
because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required
to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest,
and notice of dishonor.
Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,
that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,
a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust
may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's
interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors
and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without
notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
Beneficiary. The word "Beneficiary" means Bank of America, N.A., and its successors and assigns.
Borrower. The word "Borrower" means SUSAN HECHTLINGER and ALFREDO IZAGUIRRE and includes all
co-signers and co -makers signing the Note.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee,
and includes without limitation all assignment and security interest provisions relating to the Personal
Property and Rents.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Supenfund Amendments and Reauthorization
Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Dead of
Trust in the default section of this Deed of Trust.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing
Liens provision of this Deed of Trust.
Grantor. The word "Grantor" means SUSAN J HECHTLINGER and ALFREDO IZAGUIRRE.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 13
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
in their very broadest sense and include without limitation any and all hazardous or toxic substances,
materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or
Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided in this Deed of Trust.
Lender. The word "Lender" means Bank of America, N.A., its successors and assigns. The words
"successors or assigns" mean any person or company that acquires any interest in the Note.
Note. The word "Note" means the promissory note dated December 16, 2003, in the original principal
amount of $321,457.61 from Borrower to Lender, together with all renewals of, extensions of,
modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
The maturity date of this Deed of Trust is January 15, 2007.
Personal Property. The wads "Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described
in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,
and other benefits derived from the Property.
Trustee. The word "Trustee" means PRLAP, INC., whose address is PORTFOLIO ADMIN. 1400 BEST
PLAZA DRIVE VA2-410-02-01, RICHMOND, VA 23227-0000 and any substitute or successor trustees.
DEED OF TRUST
Loan No: 7022714237 (Continued) Page 14
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
EACH GRANTOR AGREES TO ITS TERMS.
GRANTOR:
INDIVIDUAL ACKNOWLEDGMENT
STATE OF NO RT
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