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HomeMy WebLinkAboutSW7080807_HISTORICAL FILE_20080822STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW�(J�Dr�D� DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYM M D D El StockEngineering, s d i'I P( r y` °a5.... 1�6OvUi&@ tke Fktuye, Todu�.� a5'4�a. August 20, 2008 Mr. Samir Dumpor Environmental Engineer Washington Regional Office NCDENR 943 Washington Square Mall Washington, NC 27889 Re: Proposed Lion's Gate -Friendly Mart Site Plan Express Submittal for Stormwater Response to Comments Dated August 19, 2008 Dear Mr. Dumpor: AUG 2 2 2008 W li -IJIV R0 This letter summarizes comments form your letter dated August 19, 2008, and their corresponding responses: i L//I. Provide the table of elevations, areas, and incremental volumes for overall pond to verify the q permanent pool volume and provided volume. / V Forebay/Pond Volume Comparison spreadsheet is attached. V12. The surface area calculation (SA/DA calculation) is using the drainage area of 115,000 sf instead of 235,667 sf. Please revise. Surface area calculation revised and attached. Pond was rerouted to account for larger pond and revised Hydraflow output is attached. JThe required volume for this pond is 1 1,105 cf, while the provided volume (volume between the Permanent Pool and the Temporary Pool) (per Pond Report — page 7) is in the range of 1,500 (volume between elevations 6.75 and 6.83). Please revise to provide at least the required volume. The temporary pool elevation has been raised to elevation 7.42, which provides the required 16,500 of (after pond revision per comment 2). 4. The drawdown calculations for orifice sizing shows the driving head of 0.50'. Please explain. Drawdown calculations revised to reflect correct driving head of temporary pool. J. Michael Stocks, PE Paul D. Smith, PE ® 802-B East Washington Street 3344 Hillsborough Street PO Box 1108 Suite 250 Nashville, NC 27856 Raleigh, NC 27607 252.459.8196 (voice) 252.459.8197 (fax) 252.903.6891 (mobile) mstocks@stocksengineering.com 919.821.2440 (voice) 919.821.2210 (fax) 919.880.5886 (mobile) psmdh@stocksengineering.com ® V/ 5. Add the dimensions for the wet pond at the permanent pool elevation. �- Permanent pool dimensions have been added. 6. Revise all necessary documents to reflect the above changes. Plan sheets and calculations have been revised to reflect the changes noted above. v7. Provide 2 sets of signed and sealed plan sheets and calculations. Two sets of revised plans and calculations are included herein. Feel free to contact me with any additional questions or comments. Sincerely, Qi Paul D.tSP.E. Vice President Att: Plans (2 copies) Calculations and revised applications (2 copies) 11 L'J Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 1 August 19, 2008 Sylvan View Homes, LLC Attn.: Sylvan Friedman 807 Broad Street, Suite A Oriental, NC 28571 Subject:: Dear Mr. Friedman: Coleen H. Sullins, Director Division of Water Quality Stormwater Review SW7080807 Lion's Gate — Friendly Mart Pamlico County This office received a Coastal Stormwater permit application and plans for the subject project on August 8, 2008. A preliminary review of your project indicates that before a State Stormwater permit can be issued the following additional information is needed: " 1. Provide the table of elevations, areas, incremental volumes and cumulative volumes for / overall pond to verify the permanent pool volume and provided volume. 2. The Surface area calculation (SA/DA calculation) is using the drainage area of 115,000 sf / (?) instead of 235,667 sf. Please revise. ✓ 3. The required volume for this pond is 11,105 cf, while the provided volume (volume between the Permanent Pool and the Temporary Pool) (per Pond Report — page 7) is in the range of 1,500 (volume between elevations of 6.75' and 6.83). Please revise to provide at least the 4required volume. . The Drawdown calculations for orifice sizing shows the driving head of 0.50'. Please explain. ✓5. Add the dimensions for the wet pond at the permanent pool elevation. & Revise all necessary documents to reflect the above changes. ✓7. Provide 2 sets of signed and sealed plan sheets and calculations. The above requested information must be received in this office prior to August 26, 2008 or your application will be returned as incomplete. The return of this project will necessitate resubmittal of all required items including the application fee. If you need additional time to submit the required information, please mail or fax your request for time extension to me at the Letterhead address and include the application number on the request. The request must include justification for the amount of additional time needed. The request will only be granted for justifiable delays that are unforeseen and beyond the owner or consultant's control. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute 143-215.1 and may result in civil penalties of up to $25,000 per day. Please reference the Stormwater Project Number above on all correspondence. If you have questions, please feel free to contact me at (252) 948-3959. North Carolina Division of Water Quality Internet: www.ncwateroualitv.ore unee y, 1 943 Washington Square Mall Phone (252) 946-6481 NOrthCaroltna Washington, NC 27889 Fax (252)946-9215 Naturally An Equal Opportunity/Affrmabve Acton Employer— 50%RecycledNO% Post Consumer Paper LiL LLLLL Sincerely, Samir Dumpor, PE Environmental Engineer Washington Regional Office cc: V Washington Regional Office Paul Smith, PE, Stocks Engineering, PA (3344 Hillsborough St., Suite 250, Raleigh, NC 27607) • E Lion'S Gate Friendly Mart H® St®rmwater Management Intersection Of NC 55 & SIR 1321 Oriental, NC Owner/Developer: Sylvan View Homes, LLC 807 Broad Street, Suite A Oriental, NC 28571 Phone: 252-249-3366 STOCKS ENGINEERING, P.A. Paul D. Smith, PE Phone: 919.821.2440 3344 Hillsborough St., Suite 250 Fax: 919.821.2210 Raleigh, NC 27607 Email: psmith@stocksengineering.com LETTER OF TRANSMITTAL Paul D. Smith, PE 3344 Hillsborough St., Suite 250 Raleigh, NC 27607 919.821.2440 (0) 919.821.2210 (C) To: Lyn Hardison Environmental Engineer NCDENR 943 Washington Square Mall Washington, NC 27889 Phone: 252-948-3842 1 Overnight No yes x We are sending you the following: ❑ EC Plans X Prints/Plans ❑ Contracts X Permit Applications These are transmitted as checked below: X For Approval ❑ As Discussed ❑ For Review and Comment J. Michael Stocks, PE P.O. Box 1108 Nashville, NC 27856 252.459.8196 (0) 252.903.6891 (C) Job No. Z-2008-002 Job Name: Lion's Gate — Friendly Mart Oriental, NC Date: 8/7/08 SentEly: Paul D. Smith, PE ❑ Construction Plat ❑ Site Plan Drawings ❑ Computer Disk ❑ Site Work Calculations ❑ X For Your File ❑ As Requested ❑ For Your Signature, then return to: ❑ For Your Use Copies Date Description 2 Express Review - Stormwater 2 Express Review — Erosion Control Remarks Enclosed are copies of Stormwater and Erosion Control packages for the Express Review for Lion's Gate Friendly Mart. Please contact me with any questions. Thanks. Paul Copies To: file For DENR Use ONLY North Carolina Department of Environment and Reviewer. czar ____ r�i Natural Resources Submit: zM0 Request for Express Permit Review Time: NCDConfirm: FILL-IN all the information below and CHECK the Permit(s) you are requesting for express review. FAX or Email the completed form to Express Coordinator along with a completed DETAILED narrative, site plan (PDF rile) and vicinity map fsame items expected in the application package of the project location. Please include this form in the application package. �7 • Asheville Region -Alison Davidson 828-296.4698;alison.davidson(Tncmail.net S L D 1Z 0`R�4Q • Fayetteville or Raleigh Region -David Lee 919-791.4203; davld.lee a[7,ncmail.net • Mooresville & -Patrick Grogan 704-663.3772 or patricicgrogan gnncmail.net • Washington Region -Lyn Hardison 252-946-9215 or lyn.hardisonancmail.net • Wilmington Region -Janet Russell 910-350.2004 or ianet.russeIi(@,ncmaiI.netEXPRESS NOTE: Project application received after 12 noon will be stamped in the following work day. AUG 0 8 2008 Project Name: LION'S GATE County: PAMLICO Applicant: SYLVAN FRIEDMAN Company: SYLVAN VIEW HOMES NC DENR Address: 807 BROAD STREET, SUITE ACity: ORIENTAL, State: NC Zip: 28571- Phone: 252-249-3366 Fax::252-249-3324 Email: _@_ Physical LocatlonIOCATED NEAR THE INTERSECTION OF NC 55 & STRAIGHT ROAD (SR 1321) Project Drains into SITH CREEK waters — Water classification SC. NSW (for classification see- hftp://h2o.enr.state.nc.us/bims/repofts/reportsWB.html) Project Located in NEUSE River Basin. Is project draining to class ORW waters? Y/N , within % mile and draining to class SA waters Y/N, or within 1 mile and draining to class HQW waters? Y/N Engineer/Consultant: PAUL SMITH Company: STOCKS ENGINEERING Address: 3344 HILLSBROUGH ST., STUITE 250 City: RALEIGH, State: INC Zip: 27607 Phone: 919-821-2440 Fax::919.821-2210 Email: psmith@stocksengineering.co (Check all that apply) ❑ Scoping Meeting ONLY ❑ DWQ, ❑ DCM, ❑ DLR, ❑ OTHER: ❑ Stream Origin Determination: # of stream calls — Please attach TOPO map marking the areas in questions ® State Stormwater ❑ General ❑ SFR, ❑Bkhd & Bt Rmp, ❑ Clear & Grub, ❑ Utility ❑ Low Density ❑ Low Density -Curb & Gutter _ # Curb Outlet Swales ElOff-site[SW _ (Provide permit #)] ® High Density -Detention Pond 1 # Treatment Systems ❑ High Density -Infiltration _ #Treatment Systems ❑ High Density -Bio-Retention _ # Treatment Systems ElHigh Density—Stormwater Wetlands _ # Treatment Systems ❑ High Density -Other _# Treatment Systems /❑ MODIFICATION: ❑ Major ❑ Minor ❑ Revision SW_ ❑ Coastal Management ❑ Excavation & Fill ❑ Bridges & Culverts ❑ Structures Information ❑ Upland Development ❑ Marina Development ❑ Urban Waterfront ® Land Quality ❑ Erosion and Sedimentation Control Plan with 3_5 acres to be disturbed.(CK # 1039 (for DENR use)) WETLANDS QUESTIONS MUST BE ADDRESSED BELOW 41 Z /, r� ❑ Wetlands (401): Check all that apply Wetlands on Site ❑ Yes ❑ No Wetlands Delineation has been completed: ❑ Yes ❑ No US ACOE Approval of Delineation completed: ❑ Yes ❑ No 404 Application in Process w/ US ACOE: ❑ Yes ❑ No Permit Received from US ACOE ❑ Yes ❑ No Fee Split for multiple permits: (Check# I d Isolated wetland on Property ❑ Yes ❑ No Buffer Impacts: ❑ No ❑ YES: _acre(s) Minor Variance: ❑ No ❑ YES Major General Variance ❑ No ❑ YES 401 Application required: []Yes ❑ No If YES, ❑ Regular Perennial, Blue line stream, etc on site ❑ yes ❑ No For DENR use only Total Fee Amount S 4-0 C2 O SUBMITTAL DATES I Fee I SUBMITTAL DATES Fee CAMA $ Variance Ma; ❑ Min $ SW ® HD, ❑ LD, ❑ Gen $ 401: $ LOS $ goo Stream Deter,_ $ NCDENR EXPRESS July 2008 L.\0 j S CjPs� TfZI END UY "A4Z_T STORMWATER SUBMITTAL REQUIREMENTS WET DETENTION POND ® I. Objective A. V--Collect all runoff from all BUA (proposed and/or existing and/or offsite) as the case may be, by any means including piping or swales, and direct it to the pond. 2 B. Check the proposed pond design to make sure it meets or exceeds the minimum design criteria for surface area, volume and drawdown. II. What makes up a complete wet detention pond application package? A. V Two sets of sealed, signed & dated layout & grading plans with's appro pri ate details. XAdditional sets of plans may be requested for projects in certain counties) B. V Completed application with supplement(s), SWU-101, SW401-Wet Pond, and inspection and maintenance agreements. C. eed restriction document, if applicable (for subdivisions & projects with out parcels) D. V Sealed, signed & dated calculations. 41 E. Estimated seasonal high water table elevation at all pond locations.' F.W.41Chlorides test results must be provided if the project is within '/z mile of SR waters (Phase 11). (This is only required to test out of SR water treatment requirements) III. BIMS entry (for DWQ use only) {� Enter & track application acknowledged date, review date, add info requested/received dates, permit issue dates, and drainage area info. Best done after the add info letter is written and before sending permit up for signature. IV. Shell documents (for DWQ use only) Permit shells: Spreadsheet: VI. Review Procedure s:\wqs\stormwater\shells\highcompond s:\wqs\stormwater\shells\highsubpond s:\wqs\stormwater\shells\HDhybrid s:\wqs\stormwater\excel spreadsheets\pon A. APPLICATION d 1.A original signature is required. Photocopied signatures cannot be accepted. 2. A completed wet detention pond supplement and a signed, dated and notarized wet tention pond Inspection and Maintenance Agreement with an original signature. 3.�h umbers on the supplement match up to the numbers used in the calculations and tr6wn on the plan details. 4. ilt-upon areas are reported in square feet in Section 111.6. 5.V ceiving stream name and classification. This is important because in the non -Phase 0 counties, a wet pond cannot be used on a project that is within''/2 mile of and draining o SA waters. For Phase 11, a wet pond is, allowed within '/ mile of SA waters.; . 6.V Section"' 111.6 is filled in' cannot be left blank`One cdlumn:must be filled in for each" roposed wet pond. 7. If the applicant is a'corporation,`partnership odLLC; look it up on thelSecretary of:State Corporations Database. Make sure corporation is spelled correctly (capitalization and punctuation matter) and that the person signing the application is at least'a vice president in the corporation, a General Partner in the partnership, a member in.a member.=managed LLC; -or- the -manager of•. a manager -managed_ LLC. , Need documentation to support if the Articles of Incorporation do not list the members°or managers of the CL•G. If an agent signs, then a letter of authorization, is needed from the resident, vice president, general partner,' member or manager. or subdivided projects, a signed and notarized deed restriction statement must be ,.. provided. r i' .. Y' ": a .. '` -�z. t. - �r .S, 'i,. • , •, Wet Detention Pond, cont. B.-CALCULATIONS 2 1. The orifice is sized based on drawing down the calculated minimum volume in 2-5 � days. • The average head to use in the orifice equation is approximately one-third of the distance between the permanent pool elevation (PPE) and the elevation of the next available outlet above the permanent pool. The elevation of the next available outlet must be either the elevation where the minimum volume is provided, or it can be higher. The temporary pool elevation (TPE) to report on the supplement will be the elevation of the next available outlet above the PPE. The temporary pool volume (TPV) to report on the supplement is the volume between the specified PPE and the TPE. For Phase II projects that are within '/z mile of and draining to SR waters, the difference in runoff from the predevelopment and post -development conditions for 30the 1 year 24 hour storm must be controlled and treated. /A-For Phase II the discharge projects, rate leaving the pond can be no more than the re -development discharge rate for the 1 year 24 hour storm. N� 4 or Phase II projects draining to SA water, no discharge to surface waters may occur rom wet ponds. The discharge leaving the orifice must be effectively infiltrated prior to ? reaching surface waters. The average pond depth is the permanent pool volume divided by the permanent pool surface area. The result must be between 3 ft. and 7.5 ft. Parts of the pond can be eeper than 7.5 ft., but in no case can any part of the pond be less than 3 ft deep. 6. If the�6T ed a 30' vegetated filter must be provided at the outlet of the ,dond. If th 90%TSS cha is used, no filter is required. 7. 1/ Use the corr SS chart from the BMP Manual noting that there different are 2 harts for different areas of the State. 8.1 equired surface area at permanent pool. ` •9. Provided surface area at permanent pool (Based on pond dimensions) -, - 10.✓�equired volume calculation based on 1.5" storm for Phase II projects* and 1" storm for Fall others projects. *unless the project is Phase II and within''/Z mile of and draining to • {"''SR waters then the volume calculation must be based on difference between the pre nd post development conditions for the 1-yr 24-hr storm. • able of elevations, areas, incremental volumes and accumulated volumes for overall � �0p�6cl and for forebay, to verify volumes provided. 12:VForebay designed to hold 20% of the permanent pool volume. (Range of 18%-22% OK.) 13?j on=erosive flow for 10 yr. storm in the vegetated filter, if using 85% TSS. 14VThe seasonal high water table must be at or below the proposed permanent pool elevation to assure that the necessary volume will be available above the permanent pool. I: 15Y Rounding numbers off during the calculation process can result in deficiencies. Do not rGmd the numbers until you get to the final result. 16.VAn additional one foot must be excavated below the bottom elevation the pond. The 1 of foot sediment accumulation depth is not included in the average depth calculation. t 0,60 2 yr el C.7S TP et. 6.83 11So 0 Froviaed `voluft a lg rt'- (9.e4 error-} P� 7> Sage as for j%o%anolas 05- # _TG4,lE.o� ele 1'er� I a..�,y , Incr�+h -�( volur � �..� acc.✓ toIJeJ V o Iwrics �" vverq po„d f• v24 ✓ i F j PP vol vr'%&_ a,—, p 5,4 = 0.7 ��S o00 /t yQs {� �C 2356675 2 �i� too Wet Detention Pond, cont. C. PLANS- Due to storage space constraints, plan sheets should be kept to a minimum. For small commercial single wet pond projects, the plan set could consist of only 2 or 3 sheets, layout, grading and details. For larger projects, show as much information as possible on as few sheets as possible, without cluttering them up. 1. evelopment/Project Name 2. V Engineer name and firm. 3. ✓legend 4. ✓✓ r6rth Arrow 5. ►/Location Map with nearest intersection of two major roads shown. Major road is any 1, or 3 digit NC, US or interstate highway. 6.VJScale- standard engineering scale, no off-the-wall stuff. 7. Plate 8. Revision number and date, if applicable. 9. v6f.iginal contours, proposed contours, spot elevations, finished floor elevations, pipe verts, swale inverts, etc. 10.V Existing drainage (piping, swales, ditches, ponds, etc.), including off -site. Include a map ,delineating the offsite drainage areas. 11V Property/Project boundary lines, bearing & distances. 12R/Ai can High Water Line or Normal High Water Line, if applicable. 13.v�he permanent pool elevation must be above the SHWT and above the lowest elevation of adjacent wetlands. Evaluate the need for a liner and/or berm/slurry wall to p(event dewatering the wetland. 14.V Drainage easement widths, pipe sizes and swale inverts are provided. 15✓ Wetlands delineated, or a note on the plans that none exist. Get a copy of the wetlands delineation map signed by the Corps of Engineers, or have the applicant include a copy of the unsigned delineation map submitted to the Corps. Wet ponds may not be located _ Xwetlands unless a permit to fill tho�etlands has been o tained. 16. Detailsf the roads, pOnT -de-sacs, including Eoevrallkwidth, rgd47,dimedsions & 17�sloes )� ppartment / Condo development- Provide a typical building footprint with dimensions d note all concrete and wood deck areas. 18.V I he drainage area for each wet pond is clearly delineated and numbered to match up to the calculations and supplement. Drainage area delineation is best done as a separate pan sheet. � � ? e_mp �oO�Q, mil• : 19 pond section detail to include the rt ay, aZorary etated shelf, perti elevations for the bolt perm ent poo eZ�Anthe nd SHVJR�3:1 slopes above the permanent pool, and the weir e main pond and the fa�ebay. 20✓The 10 vegetated shelf extends 6" below and 6" above the permanent pool elevation. 21.VA�n outlet structure detail showing a trash rack with <_6" square openings, the necessary orifice invert elevation (i.e., the permanent pool), orifice size and temporary pool 2 elevation. imensions for each line and arc formed by the permanent pool contour. 230"here the 85% TSS chart was used, a 30 ft. vegetated filter strip is required to be shown on the plans & detailed (elevations, inverts, slopes, and flow spreader x6echanism). Please note that the filter strip is not a ditch. 24. forebay is provided for each inlet and located so as to prevent short-circuiting. 25. The pond must have a minimum 1.5:1 length to width ratio and a minimum 3:1 flow path length. Artificial "baffles" of timber, vinyl, or earth can be used to create a longer flow path. The top elevation of the baffle should be set at the temporary pool elevation or 26Y A Vegetation plan is specified for the pond, including slopes. Wetlands species are listp d for planting on the 10:1 shelf. Weeping Love Grass is not suitable as a permanent y�getated cover for pond slopes. 27.rA11 roof drainage must be directed to the pond. Show the roof drain collection lines on the plan. This is necessary for projects where the buildings back up the property lines where roof drainage may leave the site prior to going through the pond. 0 Lion's Gate Friendly Mart H® Stormwater Management Intersection of NC 55 & SIR 1321 Oriental, NC Owner/Developer: Sylvan View Homes, LLC 807 Broad Street, Suite A Oriental, NC 28571 Phone: 252-249-3366 CPUVED 1 AUG = 8 2008 DWQ-WARD ESSIpy� 9 r: SE AI 1 19837 i hCl NE��;�1 • U. p'�r%f Y STOCKS ENGINEERING, P.A. ® Paul D. Smith, PE Phone: 919.821.2440 3344 Hillsborough St., Suite 250 Fax: 919.821.2210 Raleigh, NC 27607 Email: psmith@stocksengineering.com • 0 ci Lion's Gate - Friendly Mart 11 u 21 High Density Stormwater Permit Application Table of Contents Tab I Narrative/Permit Applications/Required Forms/Ownership Documentation Tab II Wet Detention Basin Supplement & Calculations Tab III Deed Restrictions Tab IV Soils Investigation/SHWT Map Tab V Ditch Calculations Tab VI USGS Map/Soils Map Tab VII DWQ Stream Determination C1 Tab I Narrative/Permit Applications/Required Forms/Ownership Documentation C C Lion's Gate — Friendly Mart ® Oriental, NC Detailed Narrative — High Density Stormwater Permit The overall project, located on NC 55 near the intersection of NC 55 and SR 1321 (Straight Road), will be a combination of high density, commercial development and low density, residential development. The high density, commercial development of approximately 5 acres will consist of a convenience store with gas and a single bay car wash on approximately 2.5 acres (Friendly Mart) and approximately 2 acres reserved for future commercial development with a proposed maximum allowable impervious surface area of 50,000 sf. The high density stormwater management plan submttte for this portion of the project was was destg 7i dle�te runoff from the Friendly Mart site, the access driveway and the 2+/- acres of future development The high density, commercial development is located in the Neuse River Basin and drains to Smith Creek (Stream Index #2 7-129- 7-(2)) which is classified as SC, - NSW. The initial intention of the developer is to: • Procure a Stormwater Permit for the 5 acres of high density, commercial development; • Procure a Sedimentation & Erosion Control Permit for the 2.5 acre Friendly Mart site and the 1.25 acres of access driveway; • Construct the Friendly Mart site and access driveway (to a point shortly beyond the Friendly Mart driveway) as Phase I of the overall project. The remainder of the project will be submitted for additional permitting in the future as development phases are defined. The overall project encompasses several parcels of land owned by Sylvan View Homes, LLC. Property deeds are ® included in the package. Deed Book 437, Page 533 describes the parcel on which the high density commercial development will occur in Phase 1. Currently the site is undeveloped but was previously timbered. On February 28, 2007, the Land Quality Section of NCDENR issued an erosion and sedimentation control permit (Plan No. Pamli-2007-009) for the clearing, grubbing, and restabilization of 13.0 acres. On April2, 2007, the Division of Water Quality issued a state stormwater permit been completed. Wastewater treatment service will be provided by Bay River Metropolitan Sewer District and will consist of a combination ofgravity mains and force mains that connect to the existing sewer system along NC 55. Water supply will be provided by Pamlico County Water System and will consist of an expansion of the public water supply system that will connect to the existing water system along NC 55. The overall project site includes approximately 8 acres ofjurisdictional wetlands. However, Phase I of the project will not impact any wetlands. The wetlands were delineated by Scott Stone, Soil & Environmental Services. The COE has not yet provided a written sign offfor the delineation. The only riparian buffer on the site is at the eastern edge of the project within the limits of existing wetlands. No impacts will occur within this buffer. A DWQ stream determination was issued and is included in the package. E C1rr�ar�N� LIMITED LIABILITY COMPANY r ANNUAL REPORT v 'rryyr.e ' NAMEOF LIMITED LIABILITY COMPANY: Sylvan View Homes, L.L.C. SECRETARY OF STATE L.L.C. ID NUMBER: 0712826 NATURE OF BUSINESS: Real Estate - Land Development REGISTERED AGENT: Friedman, Alynn R. REGISTERED OFFICE MAILING ADDRESS: 103 Pelican Circle Oriental, NC 28571 1-606-6196574 STATE OF INCORPORATION: NC REGISTERED OFFICE STREET ADDRESS: 103 Pelican Circle Oriental, NC 28571 Pamlico County SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER: (252) 675-7666 PRINCIPAL OFFICE MAILING ADDRESS: 103 Pelican Circle Oriental, NC 28571 PRINCIPAL OFFICE STREET ADDRESS: 103 Pelican Circle Oriental, NC 28571 MANAGERS/MEMBERS/ORGANIZERS: Name: Sylvan Friedman Name: AlynnR. Friedman Title: Manager - Title: Manager Address: Address: 103 Pelican Circle 103 Pelican Circle Oriental, NC 28571 Oriental, NC 28571 CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A MANAGERIMEMBER TYPE OR PRINT NAME DATE TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29525 • Raleigh, NC 27626-0525 SOSID: 0712826 Date Filed: 2/23/200410:22:00 AM Elaine F. Marshall North Carolina Secretary of State C200405100186 ARTICLES OF ORGANIZATION OF SYLVAN VIEW HOMES, L.L.C. The undersigned hereby submit these Articles of Organization for the purpose of forming a limited liability company under the laws of the State of North Carolina. ARTICLE I Name The name of the limited liability company is "SYLVAN VIEW HOMES, L.L.C." (the company). ARTICLE II Period of Duration ® The duration of the Company is perpetual. ARTICLE III Purpose The Company is organized for the purpose of owning, selling, leasing and otherwise managing real property and investing in other assets both tangible and intangible and to engage in all other activities necessary to carry out such purpose. The Company shall have authority to take any actions allowed by law which are necessary to effectuate the above purpose, both within or without the State of North Carolina. The Company shall also have the authority to engage in any other activity allowed under the laws of North Carolina. ARTICLE IV Indemnification A. To the fullest extent permitted by the North Carolina Limited Liability Company Act as it exists or may hereafter be amended, no person who is serving or who has served as a manager of the Company shall be ® personally liable to the Company or any of its members for monetary damages for breach of duty as a manager. No amendment or repeal of this article, nor the adoption of any provision to these Articles of Organization inconsistent with this article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption. B. Each person who is serving or who has served as a manager of the Company shall have a right to be indemnified by the Company against any payments made or personal liabilities reasonably incurred by such manager in the authorized conduct of the Company's business or for the preservation of the Company's business or property C. The Company may, by action of its managers, provide indemnification to such of the officers, employees, and agents of the Company to such extent and to such effect as the managers shall determine to be appropriate and authorized by applicable law. D. . The rights and authority conferred in this Article shall not be exclusive of any other right which any person or the Company may have or hereafter acquire under any statute, provision of the Articles of Organization or Operating Agreement of the Company, agreement, vote of members or disinterested managers or otherwise. ARTICLE V Members As Managers All members, by virtue of their status as members, shall be managers of the Company. ARTICLE VI Initial Registered Agent And Registered Office The street address and county of the initial registered office of the company is 103 Pelican Circle, Oriental, Pamlico County, State of North Carolina 28571. The name of the initial registered agent at the registered office is Alynn R. Friedman. ARTICLE VII Organizer The name and address of the organizer executing these Articles of Organization is: Name Address Sylvan Friedman 103 Pelican Circle Oriental, NC 28571 The organizer shall have the right and power to resign and designate those persons, firms or corporations who shall succeed him. The resignation of the organizer shall not constitute an event of withdrawal described in Section 57C-3-02 of the North Carolina Statutes. ARTICLE VIII Effective Date These Articles of Organization shall be effective upon filing with the office of the Secretary of the State of North Carolina. ® This the 18th day of February, 2004 ORGANIZER: AS", Rids✓ �a �irt�c/(Seal) n Friedman, Organizer El 11 Inu•/ Doc 20 2DD4 0 L280.00 tb11 •1 PMUCCI Norfh Caro*w C•w1y Real Eafaln excb• Tex Excise Tax $ //of me QL Tax Lot No. Verified by by FILED In PM = Courty. NC on Du 28 2004 01 OL7610 PH by: 51 M l4TFCFV REGISTER DF D= WOK 437 PAGE 533 Recording Titre, Book and Page Parcel Identifier No. . County on the _ day of 2004 Mail after recording to W LLI M H. MEZA bS, P. O. B= 563, MN BEM, NC 28563 This instrument vas prepared by kTILLTSM H. EXML M Brief Description for the index RETURNE RFURNM NORTH• • /• GEqMRAL MRR= DDIDD THIS made this day of Decenber, 2004,. by and between VnM A890CZ10Mr a North Carolina SILVAN Vn W SD1@s. Xw General Partnership (03 PEL(cgt/AMIL C/KGLE= ass-( Fhter in N.lagsiate Mach far each tarty: name, adhere, mri, if aipropiate, character of en[i e. z94- ty g., mtpotaCim or The designation Grantor and Grantee as used herein shall include said Parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, fsni,nine or neuter as required by context. WrIN S-'OM, 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 Bey unto the Grantee in fee single, all that certain lot or parcel of land situated in the City of Number Two 4tnanshiP, pWAim County, Particularly described as follays: North Carolina and more a ii u' •r ix• ia- N.C. Her Aaaoc. Form No. > C 1977 Printed by Agreement with the N.C. Her Aseoc, i003 LJ A map showing the above described Property is recorded in Plat Ca_ dnat TO FO+VE AND TO HAD the aforesaid lot or parcel of laid and all privileges and appurtenances thereto belonging to the Grantee in fee sinple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee sinple, has the right to conLy the same in fee single, that title is marketable and free and clear of all enaarbrance;, and that Grantor will warrant and defend the title against the lawful Claims of all persons vkxusoever except for the exceptions hereinafter stated. Title to the Property hereinabove described is subject to the follOWIM exceptions IN WZDZSS M-IEBOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this amtnxnent to be signed in its corporate mane 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. :IYI' Yam: I'J\: '•'. . � fi :1 I - DIbP1ID BRUM - P Cr NOSH Qi7iAL�f j /3d1'K� �~ �� .•,: of 'gynty and State certify thatt § ly appeared „?. me this day and notarial eaed the 'an of f ing document. s my hand and nCtarial seal, this . r day of 2004. q �i ••;....; .•' 4 „ /„ _ / 'PARTNERS OF VISTA ASSOCIATES '\ 0�0•••�OSeT'lYiarnmission expires:o(.�dvC�O� SMU1&MW MRIH CAROLINA, I, a CouNotary Public of the County and State aforesaid, certify that personally came before me this day and aclaowledged that he/she is Secretary of , a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing inlstrurent was signed in its name by it President, sealed with its corporate seal and attested by him/her as its Secretary. Witness MY hand and official stanp or seal, this _ day of ,2. My c3missicn expires: Nbtary Public The foregoing Certificate(s) of is/are Certified to be correct. This instrument and this certificate are duly the date and time and in the Book and Pa registered at Page shown on the first page hereof, SM OF DEEDS FOR PAbM= COUny BY Deputy/Assistant-Register of Deeds. N.G. BGr A990c. FIM No. 7 O 1917 Printed by Agreement with the N.C. Bar A690r. 4003 Bec 28. 2004. 11:39AM :11 F lCr No. 0988 P. 4 r�11 J L oyerty wsre+rud- -" deMcribed was acquired by orentor by insrruoent recorded in soot page _. A nap showing the above described property is recorded in D1at cohinet _, 011da TO H&VE AM TO FOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belcrging to the Gtmtee in fee ampule. And the Grantor covsants with the Grantee, that Grantor is seized of the premises in fee sinple, has the right to oonv.�y the sa.o in fee ample, that title ie trarketable sad free and clear of all an.+..+�-aKea, and that Grantor will verrant and defend the title against the lawful claims of all persons wd]oagoever except for the exceptions hereinafter stated. Title to the pco errY hereioabova described is subject to the following exceptions; M4 VZMWSS , the Grantor has horeu to set his hard and seal, or if mrporsts, has cai�nod this iastry t'to be sigymd in its Corporate name by its duly authorized officers and its seal to be hereunto affixed hry authority of its Board of Directors, the day and Year first above written. ffie (.T.) TB3108 L. Di7M . — PAMM m xiWCSmax ar rwcr - ac(ot R. cwac CWwas ,. 00mrr or emm 6i,1�C, k �"�,' !••'-esaid, certify that a 19. ty and State s:. Y.}4S6' ire thin lY BVPeared V V A UC' •�e ny hand�an ano l� thda "Sdgy ! tpa porn 2006 mint. LOB •' �i� '( -PARTNERS OF VISTA ASSOCIATES Patary Public 7NJRiH n ]]v.v county. I, a Notary public of the CuntY and State aforesaid, Certify that persctn]ly corns before me this dopy and ackMCWl Secretary of , a Doorth a,codged that he/she is authority e431y give and m carob° corporation, and that by instz m t was si the act of the oorpotstitm, the foregoing its to gned in its name by it President, sealed with unless ny h a seal and attested by hinvb,, as its Secretary' spy hand and official stanp or seal. this _ day of ,. my Crnmission. eopires: mmmmmmmmNNNMmSNNNMtary public The foregoing Certificate(s) of is/are nrrtified to be cprreet. This insttimient and this Certificate ere dui rho date and tics and in the�c� � p he Y ra]lstered at Pate hereof. CDUqxBY Dgx3tY/Aeaiatant-aegistsr of Deeds. x. C. d- .yeee, peyy Me. ] O 3Y]] >zinteby Apreceenc vi[h the N.C. 0, nooc. 0003 '�ec.28. 2004 11:39AM No.0989 P. 3 U B( 437 PAGE 5W STATE OF NORTH CAROLINA COUNTY OF GUILFORD I, �f.PGta �SI'fC.CP,e,/a Notary Public in and for the County and State aforesaid, do hereby certify that JOAN K. CLARK, Attorney -in -Fact for CLYDE J. KERN,'*Personally appeared before me this day, and being by me duly sworn, says that she ex% uted the foregoing instrument for and in behalf of CLYDE J. KERN ?^dad that her authority to execute and acknowledge this instrument is contained in an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds 0. G ord County, in Book tom, at Page �q3 on the ��„ day of Z, 2004, and that this instrument w•as executed under and by virtue of the authority given by said instrument granting her power of attorney; that the said JOAN K. CLARK acknowledged the due execution of the foregoing instrument for the purposes therein expressed for and in beha� O�CLYDF�J. KERN. ` 4.,A CO Yaq Y 5� sayk Q,w�c of 1-n ^��`'�� •tr, witness my hand and notarial seal, �thisr the CA flay of December, 2004. .�' �'.khkColPmzad{nn 'PARTNER OF VISTA ASSOCIATES Expires: _, _2_L/QQ PAML!^^OpUNTY M'.rt', .::;:0UNA The Far -ha CrAfta e(e) of �'�•aa- m W0.�r G ' COt 'tNa- Wers _:. d to be coascL tthis tneMmmi tend this cwditc:: we duty mii" ed at the date end time and in the Beek and Pap dmn on""MI Pepe hereof Sue H. Whcford Raodw M Deade 1/L A A 1 " fJ �a�•e J a.� 4� tP'd�"� '5V fsni�si� ""antes �9 ;'"'wO-712,V 'y ev(YA7y 7Z .)ro FV� nww��� rwmt5 LenrhS d''l� �i Gd ova v t/O SSE 11 E FILED In PAPU00 CwAtjp NC m Doc 20 2DD4 et 011W7 PM 4 SLE H. WCTFvo REGISTER OF DEEDS BOOK 437 PAGE 538 NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT (Collateral Includes Fixtures) SATISFACTION: The debt secured by this Deed of Trust, as evidenced by the note or other document secured thereby, has been satisfied in full. This the day of Mail after recording to: RETURNED TO This instrumem waz pre d b / 9I�G+Am,S description for THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made az of this 291h day of December, 2004 by and among: GRANTOR (Include Address) TRUSTEE BB&T Collateral Service Corporation 200 West Second Street, 6th Floor Winston-Salem, N.C. 27101 SYLVAN VIEW HOMES LLC BENEFICIARY BRANCH BANKING AND TRUST 103 PELICAN CIRCLE COMPANY, a ORIENTAL, NC 28571-0000 North Carolina banking corporation P.O. Box 1255, Winston-Salem, NC IF BOX CHECKED, THIS DEED OF TRUST SECURES AN OBLIGATION INCURRED 27102-1255 FOR THE CONSTRUCTION OF AN IMPROVEMENT ON LAND. THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: 1. The maximum principal amount of the Debt (defined below), including present and future advances, secured by this Deed of Trust is FIVE HUNDRED TWELVE THOUSAND DOLLARS & 00/100 is 512,000.00 ) Dollars. 2. The Debt, on the time hereof, is evidenced by a Note and/or other Document described by name, parties, dollar amount and date as follows: Note dated December 29 2004 in the amount of $ 512,000.00 executed by SYLVAN VIEW HOMES LLC and may be evidenced by and shall be st all times deemed to include, any and all o[ber notes or other Documents now of hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which are incorporated herein by reference. ® 3. Pursuant to the provisions of Sections 45-67 et seq., of the North Carolina General Statutes, this Deed of Trust secures the payment of the Debt, including present and future advances. 176414C ,sort v.e• , o, s W 437 PAM 539 4. The current principal amount of the Debt advanced on the date hereof (including any outstanding amounts advanced previously) by Beneficiary is s None (if none, so state). ® 5. No execution of a written instrument or notation shall be necessary to evidence or secure any future advances made hereunder. The period within which future advances are to be made shall be the fifteen year period beginning on the date of this Deed of Trust. 6. The real property which is the subject of this Deed of Trust is located in or near the City of ORIENTAL , in the Township of NUMBER TWO in the County of PAMLICO in the State of North Carolina, and the legal description and the cam o set a re erence o e rea property are set forth as follows: Being all that certain 45.855 acre tract as shown on the map entitled "Survey for Sylvan Friedman and wife, Alynn R. Friedman" by Kendall E. Gaskias, RLS, dated December 2, 2004 and recorded in Plat Cabinet .4 at at Slide [*-1 of the Pamlico County Registry. STATEMENT OF PURPOSE: In this Deed of Trust reference shall be made simply to the "Note or other Document", and such a reference is deemed to apply m all of the instruments which evidence or describe the Debt, or which secure its payment, and to all renewals, extensions and modifications thereof, whether heretofore or hereafter executed, and includes without limitation all writings described generally and specifically an the first page of this Deed of Trust in numbered paragraph 2. This Deed of Trust shall secure the performance of all obligations of Grantor and of any third party to Beneficiary which are described in this Deed of Trust, in the Note or other Document, and such performance includes the payment of the Debt. In this Deed of Trust the definition of "Debt" includes: (i) the principal; (it) all accrued interest including possible fluctuations of the interest rate if so provided in the Note or other Document; (iii) all renewals or extensions of any obligation under the Note or other Document (even if such renewals or extensions are evidenced by new notes or other documents); and (iv) all other obligations of Grantor to Beneficiary which are described in this Deed of Trust, or in the Note or other Document, (for example, payment of the attorneys fees of the Beneficiary, insurance premiums and ad valorem taxes). NOW, THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to Trustee, in trust, with power of sale, the real property described in this Deed of Trust, together with any improvements, equipment and fixtures existing or hereafter placed on or attached to this real property, all proceeds thereof and all other appurtenant rights and privileges. The tens "the Property" shall include this real property, any such improvements, fixtures, and also all appurtenant rights and privileges. TO HAVE AND TO HOLD the Property, to Trustee, its successors and assigns, but upon the trust, and under the terms and conditions of this Deed of Trust, to which Grantor, Trustee and Beneficiary hereby agree: I. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this Deed of Trust, the Note or other Document. 2. TAXES, DEEDS OF TRUST, OTHER ENCUMBRANCES. Grantor shall make timely payment of all ad valorem taxes, assessments or other charges or encumbrances which may constitute a lien upon the Property. Grantor shall timely pay and perform any obligation, covenant or warranty contained in any other deed of trust or writing (herein Other Deed of Trust) which gives rise to any or which may constitute a lien upon any of the Property. Grantor shall upon request of Beneficiary promptly furnish satisfactory evidence of such payment or performance. Grantor shall not enter into, terminate, cancel or amend any lease affecting the Property or any part thereof without the prior written consent of Beneficiary. Grantor shall timely pay and perform all terms of any lease or sublease of the Property or any pan thereof. 3. INSURANCE. Grantor shall keep insured all improvements which are now existing and which might hereafter become pazt of the Property, against loss by fire and other hazards,casualties and contingencies in such amounts and for such periods as may be required from time to time by Beneficiary; and Grantor shall pay promptly, when due, any premiums on the insurance. All insurance shall be carried with companies approved by Beneficiary, and Grantor shall cause all policies and renewals thereof to be delivered to Beneficiary; and the policies shall contain loss payable clauses in favor of and in form acceptable to Beneficiary. In the event of loss, Grantor shall give immediate notice to Beneficiary, and Beneficiary may make proof of loss if such is not made promptly by Grantor. Any insurer is hereby expressly authorized and directed to make payment for the loss directly and solely to Beneficiary. Further, Beneficiary may apply the insurance proceeds, or any pan thereof, in its sole discretion and at its option, either to the reduction of the Debt or to the restoration or repair of any portion of the Property damaged. 4. ESCROW DEPOSITS. Upon demand of Beneficiary, Grantor shall add to each payment required under the Note or other Document the amount estimated by Beneficiary to be sufficient to enable Beneficiary to pay as they become due all taxes, charges, assessments, and insurance premiums which Grantor is required to pay. Further, any deficiency occasioned by an insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. 1764NC m.mi 1y.2 m e BOOK 437 PAGE W 4• ESCROW DEPOSITS. Upon demand of �rneficary, Grantor shall add to each payrrem required under the Note or other Document the amount estimated by Gene }nary to, u lfaem to enable Beneficiary to pay as th y become due all lazes, chargge, assessments, and insurance prermums which Grantor is required to DDay. Further, any deficiency occasioned by an ® insufticlency of such additional payments shall be deposited by Grantor with F3eneficiary upon demand. 5. PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor shall keep the Pro erty in as good order and repair as it now is (reasonable wear and fear excepted) and shall neither commit nor perrmF any waste or any other occurrence or use wh1 h mi¢lit imair the value of the Properly. Grantor shall not initiate or ac mespeto a change in the zonsenonin[class[fication o the Prope y or make or permit any structural alteration thereof without �enef ciarys prior written 6. COMPLIANCE WITH LAWS. Grantor shall regularly and prompq,, comply with any applicable le.Jal requirements of the United States the State of North Carolina or other governmental entity, agency or instrumentality relating to the use or condition of the Isroperty. 7 CONDEMNATION AWARD. Any award tqr the taking of, or damages to all or any part of the Property or any interest therein upon,the lawful exercise of the power off eminent domain shall be payable solely to Beneficiary, which may apply the sums so received to payment of the Debt. S. PAYMENTS BY BENEFICIARY. If Grantor shall be in default in the timely payment or perfor�,naricc of any of Grantor's obli ations, the Note or other Document, under this Deed of Trust or Other De of Trust, Bene pciary may, but it is not obli¢¢atA to, expend for the account of Grantor an sums, expenses and fees which Beneficiary believes aDDpropnate fof the prmectnce of the Property and the Deed of m t execution of this nut. Any amounts so expended shall be deemed pnnctpal advances Polly securetl by this Deed of "Inut shall bear interest from the time expended until paid at the me of interest accruing on the Debt, and shall be due and payable on demand. remain as security for full uumr w umcm; tc7 me iornearance or extension of [ifie for payment oithe Debt or for performance of any obligations under this Deed of Trust, the Note or other Document, whether ranted to Grantor or to a subsequent owner of the Proppeerty; or (�) the rcIcT of any Dartwho has assumed uayment of ge Debt or who assumed any other obligations under this Deed Amin, the Note or other �ocument. None of the foreggoing shall in any way affect the full force and effect of the lien of this Deed of Trust or impair Bene ficiary s right to a defreiency *ua¢ment in tqe event of foreclosure against Granmr orrrmyspanxwho had assumed payment of the Debt of who assumed any otfier obligations the 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Benefici or Trustee voluntarily or otherwise shall become partpes to any suit or l&a) proccedinqq involving the Propettv, they she) e saved harmless and shall be reimbursed by Grantor for any amounts paid, includin all costs, charges and atfComey s fees incurred in any such suit or proceeding, and the same shall be secured by.this Deed oNrust and payable upon demand. 14. INSPECTION. Beneficiary play at any reasonable time and from time to time make or cause to be made reasonable entries upon, investi¢¢arions, and trspecuons of the Property, including without limitation an inspections or investigations such as sampling andtesting which may be necessary or dealrabte to review compliance with Envirormemial Laws. 15. WARRANTIES. Grantor covenants with Tmstee and Beneficiary that Grantor is seized of the Property in fee simple, has the right to convey the same in fee simple, that title to the Property 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, sub'"" only to any declarations, easements, restrictions or encumbrances listed in the title opinion or title insurance policy w, ich Beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Trust. I '.AN I I -MARSHALLING PROVISIONS. Trustee and Beneficiary may grant releases at any time and from time to time of all or any portion ofathe Property (whether or not such releases are required by agreement among the parties) agreeable to Trustee junior e limor Band purchasers subi notice tthe lien ofcoihiseDee IpiQfro �a1 or agreement of other Raniey and: lnrereas, including n , F .J....e....,... _. ® wmvgy n nas. d all rights is any waives anand all rights to Permitted by applicable law or 1764NC Mann 1.1.3.15 any nor the or BOOK 437 PAGE 541 E r 19. EVENTS OF DEFAULT. Grantor shall be in default under this Deed of Trust upon the occurrence of any of the following: (e) Default in the RR33y�ment or performance of an of obli atl o pf an covenant or warant this De f T t, in the, Note or other lu umrn(, or to older a o(�h[;��anto� Co en [ [ yr contract betty n cantor a ene scary; Of m any contract et any thir�pa�rty and�ene [fciary made for thilecber flit olibrantor; or �' ( this [ra�nsection$. r msenWtjo, o�r stta�ement made or furnished to Benefit' d.� of n behalf of Grantor in connection with p drig to ave se in any maten�al respect when to c e�r MVrmsged; or (c) LLoose, theft, subs[ tia4 dame e, destructio to of the Pro ny, or the assertion or making of any levy, seizure, mechans s or matenaman s Iten ia3r attachment t�tereoor thereon; (d) Death, dissolution, torntpatipa of exi5tenyi insplvenc bpsigcps failure, appp[nunen[ of a Receiver for any part of the Olooenv of, ass[q[unent [or the benefit o[ ereallors U , prytl,e mabddy to pay Q. M m the ordinary course of D�fsi6ess of [he t0 or any cA maker, endorser, guarantor or sum for Grantor; of ® (e) onF ilure of a corporate Grantor or co -maker, endorser, guarantor or surety for Grantor to maintain its corporate existence in gostanding; or (f) Upoo (pe fgtr gf monetar�gudkment or the assessment of filinhof m ax lio�aAainst Grantor; or upon the issuance of anY writ o [sh nt or atta against any property of de is a or grits o r tor; or (9) The sale (inclUdin sal b , land cony t upon delive of ossession), tr sfer or encumbrance of all o an art %the roeeft , Or, any, inte�enor ji er in, or mt; ory a an ge in the ow�iershQp or control o my corporate or partnership �raXtBr, wtt out (h1 a eiary o Fp iselu oche ise deem itself, 'ts security int rests, the Pro err , or the ebi unsafe or insecure; or should BenefiEmary ot�ir�rwise believe t eat [he prospect ott payment or ottter perfomism rsyimpaired. E. 21. RELEASE AND CANCELLATION. U on fulfillment of all of obligations, the performance of which is secured by his and returned Gran oo a epI of the DeSt. this Deed of Trust and the Note or other Docpmem shall be marked "Satisfied' P Mtthts conveyance shall ¢e null and void and may be cancelled or record at the request and cast of Grantor, and title to the propeny shall revest as provided by law. 1764NC 104071 Pne 4 or 5 IN TESTIMONY WHEREOF, the above corporate Grantor IN TESTIMONY WHEREOF, each individual Grantor has has caused this instrument to be executed under said in its hereunto set his hand and adopted as his seal the word corporate name by its duly authorized 'SEAL' appearing beside or near his signature, this sealed ,with instrument being executed and delivered on the date first ® this sealed instrument being delivered on the date lust above above wrist �� �� written. Grantor. (SEAL IN TESTIMONY WHEREOF, the above partnership Grantor, Limited Llabi12 Limited Pannership has caused this in name by its duly authorized general partner(e), manager(s), or SEAL appearing beside its name, this scaleedd instrument bbeeME SYLVAN VIEW HOMES, LLC (SEAL) NAME OF ARTNERSMIP, C, LLP OR LLLP ey: ✓ �(SEAL) Tit � MA1'1�E1AklAGEa Grantor: (SEAL) Grantor: Limited Liabilityy Company, Limited Liability Partnership or urument to be executed in the appropriate rot or partamhip managing members) and has adopted as its se Ne word executed and delivereb on the slate runt above written. By: (SEAL) Title: Title: STATE OF NORTH CAROLINA, COUNTY OF 1• a Notary Public, do hereby certify drat Grantor, Personally appeared before me this day end acknowledged the execution of this Deed of Trust. Witness my hand and official stamp or seal, this day of My Commission Expires: NOTARY PUBLIC SEAL STAMP ® STATE OF NORTH CAROLINA, COUNTY OF 11 a Notary Public, do hereby certify that Grantor, Personally appeared before me thin day and acknowledged the execution of this Deed of Trust. Witness my hand and official stamp or seal, this day of My Commission Expires: NOTARY PUBLIC SEAI AMP STATE OF NORTH CAROLINA, COUNTY OF CRAVEN DARLETHA I. STEPHENSON a Notary Public, do hereby certify that a Fers nally appeared before me this day and acknowledged that Lich hey is/are MANAGER (indicate wh er general partnere, managers or managing members) of SYLVAN VIEW HOMPS LLC r r AVBL�4 t:9 LLC • and further acknowledged the due tion of this Deed of Trust on behalf of the LLC 9-cH Cot) itness my hand and official at" or seal, this 29 th day of My Commission Expires: 1/31/2008 SEAL STAMP NOTARY P 1 STATE OF NORTH CAROLINA, COUNTY OF 1, a Notary Public of said County and State, certify that personally came before me this day and acknowledged he (or she) is of , a corporation. and that he/she, as the coryoration. being authorized to do so, executed the foregoing on behalf of Witness my hand and official seal this _ day of _ (Notary Seal) My Commission EzQQhrea: NOTARY PUBLIC The foregoing Certificate(s) of I) n p p C (`A,., (p Mt✓ 1 is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Pa a aho ryh th ,first pa a hereof. w REGISTER OF DEEDS FOR PAMLICO COUNTY By. Deputy/Assistant - Register of Deeds. 17e411C .on ".ems [A p I.w1 Od L9 soda /551.00 aa. a PAfLICO Nortft Carom C4et9 Rol Estate EzeW Tax LECiliY:tY�il�;!t:1 PAMLICO COUNTY FILED In PAJLICO Cwnfy. PC m Od 19 2009 st O&OG3L An !y: ME K WC70M REGISTER OF ®5 BOOK 456 PAGE 107 WARRANTY DEED THIS DEED, made and entered into this 5th day of October, 2005, by and between C. ALLEN PROPST, JR. and wife, ANGELA P. PROPST, hereinafter called "grantors", and SYLVAN VIEW HOMES, LLC, A North Carolina Limited Liability Company, 103 Pelican Circle, Orientfi57YC , hereinafter called "grantee"; W I T N_ E S S E T H_: That grantors, for and in consideration of the sum of ten dollars and other good and valuable considerations to them in hand paid, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell and 1. convey to the said Sylvan View Homes, LLC and its successors and assigns, a certain tract or parcel of land in the Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: Being all of Lot Number Three (3) containing 19.121 acres, as shown on the map entitled "SUBDIVISION PLAT OF TALL PINES SUBDIVISION", by Kristian V. Nixon, Professional Land Surveyor, dated June 10, 2003 and recorded in Plat Cabinet A, at Slide 139-1, of the Pamlico County Registry. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Sylvan View Homes, LLC and its successors and assigns, in fee simple forever. And grantors, for themselves, their executors and administrators, covenant with grantee and its successors and assigns, that they are seized of said premises in fee; that they have a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever, except those hereinabove stated; and that they will warrant and defend the title to the same against the lawful claims of all persons whomsoever. Prepared by HOLLOWrlL & HOLLOWELL RETURNED TO {ttorneys v Law DATE RETURNED B%TI °ro, North Carolina 2 515 10-af-05 BOOK 4W PAGE i0e ® IN TESTIMONY WHEREOF, grantors have hereunto set their hands and adopted as their seals the typewritten word "SEAL -- appearing beside each name, the day and year first above written. El E (SEAL) (SEAL) NORTH CAROLINA PAMLICO COUNTY IJessmAt. 6 wDcgw.S a Notary Public in and for said county and state, do hereby certify that C. Allen Propst, Jr. and Angela P. Propet, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument. witness my hand and notarial seal/stamp, this the /et�2 day of October, 2005. My commission expires: H 3- 2G NORTH CAROLINA PAMLICO COUNTY The foregoing certificate of a Notary Public in and for said county and state, is certified to be correct. Register of Deeds By: Asst./Deputy Register of Deeds Pmpued by HOLLOWELL & HOLLOWELL Attomeya a[ Law Bayboxo, Nonh Carolina 28515 CJ :�V h ,° ;;•M n t -75 BOOK 45B PAGE !09 NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT 'Uv co (Collateral Includes Fixtures) SATISFACTION: The debt secured by this Deed of Trust, as evidenced by the note or other document secured thereby, has been satisfied in full. This the day of Signed Mail after recording to: This instrument was prepared by: Hollowell 8 HO. Brief description for index: THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made as of this day of October, 2005 , by and among: TRUSTEE BB&T Collateral Service Corporation GRANTOR (Include Address) Sylvan View Homes, LLC and Sylvan Friedman Aylnn Friedman 103 Pelican Circle NC 28571-0000 l8th 375 S FRONT ST NEW BERN, NC 265U)-2133 BENEFICIARY BRANCH BANKING AND TRUST COMPANY,a North Carolina banking corporation 375 5 FRONT ST NEW BERN, NC 285W.2133 IF BOX CHECKED, THIS DEED OF TRUST SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OF AN IMPROVEMENT ON LAND. THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: I. The maximum principal amount of the Debt (defined below), including p Deed of Trust is TWO HUNDRED TWENTY THOUSAND DOLLARS & 00 is 220,000,00 ) Dollars. and future advances, secured by Nis 2. The Debt, on the date hereof, is evidenced by a Note and/or other Document described by time, parties, dollar amount and date as follows: Note dated October 18 2005 in the amount of S 220,000.00 executed W SYLVAN VIEW HOMES LLC and may be evidenced by and shall be at all times deemed to include, any and all other notes or other Documents now or hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which are incorporated herein by reference. f�3. Pursuant to the provisions of Sections 45-67 et snq., of the North Carolina General Statutes, this Deed of Trust secures the payment of the Debt, including present and future advances. 1764NC raga,, RETURNED TO DATE RETURNED BOOK 4M PAGE 110 4. The current principal amount of the Debt advanced on the date hereof (including any outstanding amounts ® advanced previously) by Beneficiary is s 220,000.00 (if none. so state). 5. No execution of a written instrument or notation shall be necessary to evidence or secure any future advances made hereunder. The period within which future advances are to be made shall be the fifteen year period beginning on the date of this Deed of Trust. 6. The real property which is the subject of this Deed of Trust is located in or near the City of ORIENTAL , in the Township of TW (2) in the County of PAMLICO in the State of North Carolina, and the legal description and the chain of toe reference o e rea properr are set forth as follows: See Exhibit A attached hemto and incorporated herein by mfe=ce. STATEMENT OF PURPOSE: In this Deed of Trust reference shall be made simply to the "Note or other Document", and such a reference is deemed to apply to all of the instruments which evidence or describe the Debt, or which secure its payment, and to all renewals, extensions and modifications thereof, whether heretofore or hereafter executed, and includes without limitation all writings described generally and specifically on the first page of this Deed of Trust in numbered paragraph 2. This Deed of Trust shall secure the performance of all obligations of Grantor and of any third party to Beneficiary which are described in this Deed of Trust, in the Note or other Document, and such performance includes the payment of the Debt, In this Deed of Trust the definition of "Debt" includes: (i) the principal; (ii) all accrued interest including possible fluctuations of the interest rate if so provided in the Note or other Document: (iii) all renewals or extensions of any obligation under the Note or other Document (even if such renewals or extensions are evidenced by new notes or other documents); and (iv) all other obligations of Grantor to Beneficiary which are described in this Deed of Trust, or in the Note or other Document, (for example, payment of the attorneys fees of the Beneficiary, insurance premiums and ad valorem taxes), NOW, THEREFORE, for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to Trustee, in trust, with power of sale, the real property described in [his Deed of Trust, together with any improvements, equipment and fixtures existing or hereafter placed on or attached to this real property, all proceeds thereof and all other appurtenant rights and privileges. The term "the Property" shall include this real property, any such improvements, fixtures, and also all appurtenant rights and privileges. TO HAVE AND TO HOLD the Property, to Trustee, its successors and assigns, but upon the Inim, and under the terms and conditions of this Deed of Trust, to which Grantor. Trustee and Beneficiary hereby agree: 1. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this Deed of Trust, the Note or other Document. 2. TAXES, DEEDS OF TRUST, OTHER ENCUMBRANCES. Grantor shall make timely payment of all ad valorem taxes, assessments or other charges or encumbrances which may constitute a lien upon the Property. Grantor shall timely pay and perform any obligation, covenant or warranty contained in any other deed of trust or writing (herein Other Deed of Trust) which gives rise to any or which may constitute a lien upon any of the Property. Grantor shall upon request of Beneficiary promptly furnish satisfactory evidence of such payment or performance. Grantor shall not enter into, terminate, cancel or amend any lease affecting the Property or any pan thereof without the prior written consent of Beneficiary, Grantor shall timely pay and perform all terms of any lease or sublease of the Property or any pan [hereof. 3. INSURANCE. Grantor shall keep insured all improvements which are now existing and which might hereafter become pan of the Property, against loss by fire and other hazards, casualties and contingencies in such amounts and such for s periods as may be required from time to time by Beneficiary; and Grantor shall pay promptly, when due, any andpremiumon the insurance. All insurance shall be carried with companies approved by Beneficiary, and Grantor shall cause all policies and renewals thereof to be delivered to Beneficiary; and the policies shall contain loss payable clauses in favor of and es form acceptable to Beneficiary. In the even[ oin f loss, Grantor shall give immediate notice to Beneficiary, and Beneficiary may make proof of loss if such is not made promptly by Grantor. Any insurer is hereby expressly authorized and directed to make payment for the loss directly and solely to Beneficiary. Further, Beneficiary may apply the insurance proceeds, or any pan thereof, in its sole discretion and at its option, either to the reduction of the Debt or to the restoration or repair of any portion of the Property damaged. 4. ESCROW DEPOSITS. Upon demand of Beneficiary, Grantor shall add to each payment required under the Note or other Document the amount estimated by Beneficiary to be sufficient to enable Beneficiary to pay as they become due all taxes, charges, assessments, and insurance premiums which Grantor is required to pay. Further, any deficiency occasioned ® by an insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. 1764NC i0409) cya 2 .15 BOOK 456 PAGE 111 u 4. ESCROW DEPOSITS.. Upon demand of Beneficiary, Grantor shall add to each payment required under the Note or other Document the amount estimated by Beneficiary to be su tcient to enable Benefil1py to pay as Ihev become due all taxes, chargges, assessments, and insurance premiums which Grantor is required to Day. Further, any de csency occasioned by an insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. 5. PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor shall keep the Property in a; good order and repair as it now is (reasonable wear and rear excevvted) and shall neither commit nor permit any waste or any other occprrence or use which migfit im air the value of the Property. Grantor shall not initiate or acquiesce in a change in the zoning classification of the Proper�y or make or permit any structural alteration thereof without Beneficiary's prior written consent. 6. COMPLIANCE WITH LAWS. Grantor shall regularly and promptly, comply with any applicable legal requirements of the United $fates the State of North Carolina or other governmental entity, agency or instrumentality relating to the use or condition of the Property. 7. CONDEMNATION AWARD. Any award for the taking of', or damagesan to all or y part of the Propertyp interest( or any therein upon the lawful exercisg of the power of eminent domain shall be payable solely to Beneficiary, whic7i may apply the sums so received to payment of the Debt. g. PAYMENTS BY BENEFICIARY. If Grantor shall be in default in the imely payment or performance of any of Grantor's chicggations, the Note or other Document, under this Deed of Trust or other Dees of Trust, Beneficiary may, but it is not obliea[ep to, expend for the account of Grantor any sums, expenses and fees which Beneficiary believes aVpropriate for the proTTecnon of the Property and the�tiamtenance and execution of this (rust. Any amounts so expended shall be deemed principal advauces fully secured by this Deed of Trust shall bear interest from the time expended until paid at the rate of interest accruing on the Debt, and shall be due and payable on demand. 12. SUBSTITUTION OF TRUSTEE. Beneficiary shall have the unqualified right to remove the individual designated as Trustee on the first page of this Deed of Trust, and to a�popoint one or more substitute or successor Trustees by instruments filed for registration m the County Re��cctstry where this Uted of Trust is recorded. Any such removal or appointment may be made at any time and from time to 11me without notice, without s il'ying an reason. therefor and without any court approval. Any such, appointee shall become fully, vested with title tt he Property an with all rights, wers and duties conferred upon the individual original) designated as Trustee, in the same rtwumr and to the same efts[ as though that party were named herein as the original yfmatte. 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Benefici or Trustee voluntarily or otherwise shall become arttea to any soil or le al proceedin involving the Pro, they shall saved harmless and shall be reimbursed by Grantg for my amounts pai , includin a�l costs, char es and at[omey s fees incurred in any such sou or proceeding, and the same shall be secured by this Deed ofgl'cost and payagle upon demand. 14. INSPECTION. Beneficiary may at any reasonable time and from time to time make or cause to be made reasonable entries upon, investigations, and inspections of the Property, including without limitation an inspections or investigations such as sampling an testing which may be necessary or desirable to review compliance with any Laws. I5. WARRANTIES. Grantor covenants with Trusice and Beneficiary that Grantor is seized of the Proveny in fee simple, has the ri fit [o convey the same in tee simple, that title to the Propett is marketable and free and clear of all encumbrances, and that "Mtor will warrant and defend the title against the lawfu� claims of all personswhomsoever, subject only to any declarations, easements, restrictions or encumbrances listed in the title opinion or title insurance policy w'�ich Beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Trust. or that Grantor shall default in its gan income sy to azsisl io the a this Deed of Trust, the Note or or legal proceeding (including of it cone .ing the lien of this D an of [he provisions of this Det .ySY fees and all of the casts that ayment enforced as if it were a ny suit or proceeding is comment JS. Trustee and Beneficiary may, ier or not such releases are renm �ancoy n nas. "rancor, or any party wno consents to this or any f ® waives an and all rights to require the marshalling or assets i mi pertted �y applicable law or provided herein. 1764NC *409; Gap. 3 n, s stions under this Deed o Trust, the note or can of [he Deb[ or m en ome compliance of r Documents or in the event Beneficiary or ocerding conducted before any United $fates f Trust, concerning collection of the Debt or Trust, the Note or other Document, Grantor be incurred, and such fees and costs shall be if the Debt. Grantor shall be liable for such releases at any time and from time to time of y agreement among the patties) agreeable to rant of other arties and interests, including I releases shop not impair in any manner the emainin¢ subject to this Deed of Trust, nor stence 0 any other security interests in (he right to determine the order in which any or nd Beneficiary shall further have the riQFi[ to re proceeds realized upon [he exercise o_t any actual or constructive notice hereof, hereby i with the exercise of any of the remedies BOOK 456 PAGE 112 El 19. EVENTS OF DEFAULT. Grantor shall be in default under this Deed of Trust upon the occurrence of any of the following: (a) fault in a p2 ment or rformance of an of ate obli says, o f any wvenanh or warrant this Deed f T St, in the No[e or other y�cument, or Ny yolder o (iranto�o en�ti arx gr a'7�con[racl betwe�ri �iran[or antl �eW iiciary; or m ayny contract oetwttn any [hurt tpa�trty an teary a or e e e 1 o r , 1; or (bhis ttien$acno^ty'rovPnfe io �taeee�leeti talsein[an made rreshect o n eft a rpy of n behalf of Grantor in connection with P B y a� p de Irm[sried; or (o( Loss, theft, subs[ tie{ d9rhta e, de wctio to 7 of the Pro erty, or the assertion or making of any levy, seizure, mechanic s or matena man s lien �r attac�tment t creoi or thereon; �r (d��Dea , �issoclug[iron, [etmhi�eti n of exiatee% Insglvgcy�bpsgelSS�eilure, �peoignnrhn[ of a Receiver for an ott'the o ett o , assh run nt or a neirt o1 cre dors r e m t u to pay a is m t e ordinary course of iisi a of the r to or any eq rn OrSer, guarantor or $nrel or rantor; o ®W FyI of a corporate Grantor or co -maker, endorser, guarantor or surety for Grantor to maintain its corporate existence in good $tending; or (f) Upon the f;ntr pf anv monetar��ud�mem or the assessment o�' Pit p� r lifprbaginst Grantor; or upon the issuance of any wrn o gali is in nt or atta against any property of a is a or g is o r tor; or (9) The ysale (inclUdin¢ sal b ,land contr ct upop t�elive% of�ossession), tratnsfey Or encumbrance Pce of l{P �an �an p�the Beneti1c ary's nprior writtenc onsent; oor r c 8e m e o ers or control o an corporate or artne 1 r, wt out (hBelielacinclioisrcy se behetve t�aiiheamfb [s security int�rcas, }he ProF v. or thedDebt unsafe or insecure; or should ary prospect ipayment or o er per norm e i holistic y�� i 21. RELEASE AND CANCELLATION. Upon fulfillment of all of obligations, the performance of which is secured by this Deed of Trust, and upon payment of the Debt, this Deed of Trust and the Note or other Document shall be marked "Satisfied" and returned to Grantor and this conveyance shall be null and void and may be cancelled of record at the request and cost of Grantor, and title to the property shall revest as provided by taw. 17601C j"asi 1..,.15 IN TESTIMONY WHEREOF, the above corporate Grantor has caused this inauuroeot to be executed under seal in its corporate name by its duly authoriraL With ® this sealed instrument being delivered on the date Curt above written. IN TESTIMONY WHEREOF,-exh,individual Grantor has hereunto set his hand and adopted. Y his seal the word *SEAL' appearing -beside or near his signature, this sealed instrument bein executed and delivered on the date first above written. \ , Grantor• 6� (SEAL) Grantor: rSF.AI.1 (CORPORATE NAME) By: (SEAL) Grantor: Grantor: (SEAL) By: Title: IN TESTIMONY WHEREOF, the above partnership Grantor, Limited Liability Company, Limited Liability Partnership or Limited Liability Limited Partnership has caused this instrument to be executed in the eppmpriate company or partnership name by in duI authorized enenl pertner(a), er(a) or rnmagin nxmber(e), and has adopted as its seal the word 'SEAL appearing beside its same, this sealed 3ast� nt 6eing executedgand delivered on the date First above written. SYLVAN VIEW HOMES, = (SEAL) By: (SEAL) NAME.OF P 6iT RSHIP LjC1 LLP�OR LLLP Tide: (SEAL) By: (SEAL) Ti r [MD Tide: SEAL STAMP TE F NORTH C IN COUNTY OF PAMtdN •"•N1LL[,�I, a Notary Public, do hereby certify that ; •••••••••. i R7�91N Grantor. RY, peattd before me Nis day and acknowledged Nc execution of this Deed of Trust. .,,. and and offitw or al, Nis S7TH say of2005on Expires: Ll ��D 'ieP Vr NOTARY PUBLIC ®MW OF NORTH AROI.INA. COUNTY OF (Q/YN.i'I,CA 11 �'I (� YI •e 1P s— a Notary Public, do hereby certify that h Grantor, personally appearied before me this dry and sckmwledged the execution of this Dad of Trust. Witness my band and official stamp of seal. this _('1 +k day of .� My Commission Expires: /f ! .<! 0 i! NOTARY PUBLI SEAL STAMP STATE OF Nn n eH CARt� BOUNTY OF n•Tm a Notary Public, do hereby certify that SYLVAN FRIEDMAN a YILt V ' neBy appeared be[ort m>r Nis day and acknowledged Nat he/they is/arc(•IIfi187R/t9d•IM,'¢i (indicate general p" men, nmanagen or mmagimg rrrmben) of SYLIJAN VIEW FiC�45. ISG 1�aq; r.raarr.rmv �gppt.Iy and further acknowledged Ne due of U& Dad of Truce[ on behalf of the L7�IITFD r.raatt.7mv .)pppy 6 my hand and off, or Ch a 17TH day of QC1oBFR 2005 indesion Exp'uea: �y� oj.0rj�TE OF NORTH CAROLINA, COUNTY OF 1, a Notary Public of said County and State, certify that personally came before me this day and acknowledged he (or she) is of , a corporation, and that he/she, as being authorized to do m, executed the foregoing on behalf of the corporation. Witness my hand and official seal this _ day of (Notary Seal) NOTARY PUBLIC My Commission Expires: The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are, duly registered at the dare and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By: Deputy/Assistant - Register of Deeds. 1764NC roan P. s a 5 ® SU 456 PAGE 114 EXHIBIT A A certain tract or parcel of land in the Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: Being all of Lot Number Three (3) containing 19.121 acres, as shown on the map entitled "SUBDIVISION PLAT OF TALL PINES SUBDIVISION", by Kristian V. Nixon, Professional Land Surveyor, dated June 10, 2003 and recorded in Plat Cabinet A, at Slide 139-1, of the Pamlico County Registry. r- 1 LJ r ® FILED In PAtLICO County. NC on Oct lY 2OW of 1ZM3 P11 I0000l Oct 19 1006. by. SLE KER T DEEDS�j 1144 of FOID '� PAMLICO BOOK 456 PAGE 115 8 North CaroWn Carty Real Estate Excloo Tax NORTH CAROLINA PAMLICO COUNTY THIS DEED, made and entered into this 14th day of October, 2005, by and between FIRST CITIZENS BANK & TRUST COMPANY, EXECUTOR OF THE ESTATE OF ROBERT K. DEATON AND FIRST CITIZENS BANK & TRUST COMPANY, SUCCESSORS TRUSTEE OF THE ROBERT K. DEATON TESTAMENTARY TRUST, hereinafter called "grantor", and SYLVAN VIEW HOMES, LLC, a North Carolina limited liability company, 103 Pelican Circle, Oriental, North Carolina 28571, hereinafter called "grantee"; L Z T N E S S E T H: That grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations to it paid, the receipt of which is hereby acknowledged, has bargained and ® sold, and by these presents does bargain, sell and convey to the said Sylvan View Homes, LLC, a North Carolina limited liability company, and its successors and assigns, a certain tract or parcel of land in Number Two (2) Township, Pamlico_County, North Carolina, particularly described as follows: Being all of the tract identified as "The Landings of Oriental, Inc. 41.127 Acres" on the map entitled 'A Survey For Vista Associates' which is recorded in Map Cabinet A at Slide 20-6 of the Pamlico County Registry. SAVING AND EXCEPTING from the above parcel all lots, roads and streets in Sections I, II and III of the Landings Subdivision, as shown on the maps recorded in the Pamlico County Registry in Map Cabinet A at Slides 21-1, 29-2, 47-7 and 62-10. ALSO CONVEYED is a non exclusive right of ingress, egress and regress over and upon Seafarer Drive, Peterson Place extended between Lots 45 and 46, Section II, The Landings, all as shown on the map recorded in Map Cabinet A at Slide 62-10 of the Pamlico County Registry. It is the intention of the Grantor to convey all of the unsubdivided property remaining from the 41.127 acre tract described above. TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto RETURNED TO Prepared by HOLLOVT' LL & I IOLLOWELL Attomeys at Law DATE RETURNED navboro, North curoGna 28515 ❑�" POUF( 156 PAGE 116 belonging, to the said Sylvan View Homes, LLC and its successors and assigns in fee simple forever. And grantor, for itself, its successors and assigns, covenants with grantee and its successors and assigns, that it is seized of said premises in fee; that it has a perfect right to convey the same in fee simple; that the same are free and clear of all encumbrances whatsoever; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, grantor has caused this deed to be signed in its corporate name by its _qICE President, being authorized to do so on behalf of the corporation, the day and year first above written. NORTH CAROLINA COUNTY OF FildffiieO UBwTO ft FIR({ST CITIZENSC BANK & TRUST COMPANY By: 11 au. �•� d` \(ka President, EXECUTOR OF THE ESTATE OF ROBERT K. DEATON FIRST CITIZENSS BAJ�Nj/JK, & TRUST COMPANY By: t _. C V7 a U V,eir President, SUCCESSOR TRUSTEE OF THE ROBERT K. DEATON TESTAMENTARY TRUST I,\nitl;', l.`o- ill •t ® li a Notary Public Propaced by HOLLOWEL L & HOLLOWELL Attomeya a taw Baybow. North Carolina 28515 in and for said county and state, do hereby certify that USX, A% Cn. Sparw I VICA President of FIRST CITIZENS SANK & TRUST COMPANY, personally came before me this day and acknowledged that he is VICE President of FIRST CITIZENS BANK & TRUST COMPANY, a corporation, and that he, as Vic-* President, being authorized to do so, executed the foregoing on behalf of the corporation. r� Witness my hand and official seal, this the /d day of October, 2005. oTa Ry y:�A •�• Fri W;II. p,�„ 1.taryltP, C Qn expires: od•I�-dwl ® NORTH CAROLINA COUNTY OF PAHL;rG L-ea fa %t I, Wi$JAYA L. Csnvau III , a Notary Public in and for said county and state, do hereby certify that Qooa�oc G- SM.rN I qka President of FIRST CITIZENS SANK & TRUST COMPANY, personally came before me this day and acknowledged that he is VIiC9 President of FIRST CITIZENS BANK & TRUST COMPANY, a corporation, and that he, as 1(IfIE President, being authorized to do so, executed the foregoing on behalf of the corporation. N"W fitness m hand and official seal, this the /d ry day of :JoriTO� y '•; A tj U [I Ll o VV --' (N-otrPublic gSjgOU. on expires: wd-IE-Aoo- Prepared by HOLLOWELL & HOLLO WELL dttoroeya at Laa Bayboro, North Carolina 28515 FILED IN PAPLICO County. IC M Oct IV IOW of 17AT22 PH by. RE tl IKTP6o FFDISTFA OF DEIDs NORTH CAROLINA DEED OF TRUST AND SECURITY AGREEMENT (Collateral Includes Fixtures) �29 aD SATISFACTION: The debt secured by this Deed of Trust, as evidenced by the note or other document secured thereby, has been satistied in full. This the day of Mail after recording to: BB&T x 1280 ew Bern, NC 28563 non 'NEC -TO This instrument was prepares y: DATE RETURNED BB&T ZI 10- H0110we11 & Hollowell Recordin : Time, Book and Page Brief description for index: THIS DEED OF TRUST AND SECURITY AGREEMENT ("Deed of Trust") is made as of this 18th day of October, 2005 by and among: TRUSTEE GRANTOR (Include Address) BB&T Collateral Service Corporation 375 S FRONT ST NEW BERN. NC 28560-2133 Sylvan View Homes, LLC and Sylvan Friedman Alynn Friedman BENEFICIARY BRANCH BANKING AND TRUST 103 Pelican Circle COMPANY, a North Carolina banking corporation Oriental, NC 28571-0000 375 S FRONT ST NEW BERN, NC 2850-2133 xj IF BOX CHECKED. THIS DEED OF TRUST SECURES AN OBLIGATION INCURRED FOR THE CONSTRUCTION OF AN IMPROVEMENT ON LAND, THE FOLLOWING INFORMATION APPLIES TO THIS DEED OF TRUST: 1. The maximum principal amount of the Debt (defined below), including present and future advances, secured by this Deed of Trust is TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS & 00/100 IS 245.000.00 ) Dollars. 2. The Debt, on the date hereof, is evidenced by a Note and/or other Document described by name, parties, dollar amount and date as follows: Note dated October 18 2005 in the amount of S 245,000.00 executed by SYLVAN VIEW HOMES LLC and may be evidenced by and shall be at all times deemed to include, any and all other notes or other Documents now or hereafter evidencing any debt whatsoever incurred by Grantor and payable to Beneficiary, the terms of which are incorporated herein by reference. ® 3. Pursuant to the provisions of Sections 45-67 et seq., of the North Carolina General Statutes, this Deed of Trust secures the payment of the Debt, including present and future advances. 1764NC m.os1 Py 1 .15 - 7 4. The current principal amount of the Debt advanced on the date hereof (including any outstanding amounts advanced previously) by Beneficiary is $ 245,000.00 (if none, so state). ® 5. No execution of a written instrument or notation shall be necessary to evidence or secure any future advances made hereunder. The period within which future advances are to be made shall be the fifteen year period beginning on the date of this Deed of Trust. 6. The real property which is the subject of this Deed of Trust is located in or near the City of ORIENTAL , in the Township of Tw° (2) in the County of PAMLICO , in the State of North description and the chain of title reference of the real property are set forth as follows: Carolina, and the legal WHITAKER CREEK DRIVE AND SEAFARER ROAD, ORIDENTAL. NC PAMLICO COUNTY 8.6 ACRES PLOT PCA 20.6 DEED 420 - 681 See Exhibit A attached hereto and incorporated herein by reference. STATEMENT OF PURPOSE: In this Deed of Trust reference shall be made simply to the "Note or other Document', and such a reference is deemed to apply to all of the instruments which evidence or describe the Debt, or which secure its payment, and to all renewals, extensions and modifications thereof, whether heretofore or hereafter executed, and includes without limitation all writings described generally and specifically on the first page of this Deed of Trust in numbered paragraph 2. This Deed of Trust shall secure the performance of all obligations of Grantor and of any third party to Beneficiary which are described in this Deed of Trust. in the Note or other Document, and such performance includes the payment of the Debt. In this Deed of Trust the definition of "Debt' includes: (i) the principal: fit all accrued interest including possible fluctuations of the interest rate if so provided in the Nate or other Document; (iii) all renewals or ® extensions of any obligation under the Note or other Document (even if such renewals or extensions are evidenced by new notes or other documents): and (iv) all other obligations of Grantor to Beneficiary which are described in this Deed of Trust, or in the Note or other Document, (for example, payment of the attorneys fees of the Beneficiary, insurance premiums and ad valorem taxes). NOW, THEREFORE. for the purposes and under the conditions described in this Deed of Trust and in consideration of the Debt and the mutual promises of Grantor and Beneficiary, Grantor hereby conveys to Trustee, in trust, with power of sale, the real property described in this Deed of Trust, together with any improvements, equipment and Fixtures existing or hereafter placed on or attached to this real property, all proceeds thereof and all other appurtenant rights and privileges. The term "the Property" shall include this real property, any such improvements, fixtures, and also all appurtenant rights and privileges. TO HAVE AND TO HOLD the Property, to Trustee, its successors and assigns, but upon the trust, and under the terns and conditions of this Deed of Trust, to which Grantor, Trustee and Beneficiary hereby agree: 1. PERFORMANCE BY GRANTOR. Grantor shall fulfill all of Grantor's obligations as specified in this Deed of Trust, the Note or other Document. 2. TAXES, DEEDS OF TRUST, OTHER ENCUMBRANCES. Grantor shall make timely payment of all ad valorem taxes, assessments or other charges or encumbrances which may constitute a lien upon the Property. Grantor shall timely pay and perform any obligation, covenant or warranty contained in any other deed of trust or writing (herein Other Deed of Trust) which gives rise to any or which may constitute a lien upon any of the Property. Grantor shall upon request of Beneficiary promptly furnish satisfactory evidence of such payment or performance. Grantor shall not enter into, terminate, cancel or amend any lease affecting the Property or any part thereof without the prior written consent of Beneficiary. Granmr shall timely pay and perform all terms of any lease or sublease of the Property or any pan thereof. 3. INSURANCE. Grantor shall keep insured all improvements which are now existing and which might hereafter become pan of the Property, against loss by fire and other hazards, casualties and contingencies in such amounts and for such periods as may be required from time to tithe by Beneficiary; and Grantor shall pay promptly, when due, any premiums on the insurance. All insurance shall be carried with companies approved by Beneficiary, and Grantor shall cause all policies and renewals thereof to he delivered to Beneficiary; and the policies shall contain loss payable clauses in favor of and in form acceptable to Beneficiary. In the event of loss, Grantor shall give immediate notice to Beneficiary, and Beneficiary may make proof of loss if such is not made promptly by Grantor. Any insurer is hereby expressly authorized and directed to make payment for the loss directly and solely to Beneficiary. Further, Beneficiary may apply the insurance proceeds, or any part thereof, in its sale discretion and at its option, either to the reduction of the Debt or to the restoration or repair of any portion of the Property damaged. 4. ESCROW DEPOSITS. Upon demand of Beneficiary, Grantor shall add to each payment required under the Note or other Document the amount estimated by Beneficiary to be sufficient to enable Beneficiary to pay as they become due all ® taxes, charges, assessments, and insurance premiums which Grantor is required to pay. Further, any deficiency occasioned by m insufficiency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. 1764NC .oeos, °re• a m 5 w. ESCROW VLFUSn 5. Upon demand of eeneticlary, Granor shall qdd to each payment required under the Note or other Document the amount estimated by Beneficiary [o, be event to enable Beneficiary to pay as they become due all taxes, char es, assessments, and insurance premiums which Grantor it repuired to gay. Further, any deficiency occasioned by an insuW-iaency of such additional payments shall be deposited by Grantor with Beneficiary upon demand. IV5. PRESERVATION AND MAINTENANCE OF THE PROPERTY. Grantor shall keep the ProVeny in as good order and repair as it now is (reasonable wear and tear exce ted) and shall neither commit nor permit any waste or any other occurrence or use which might it the value of thpp Property. Grantor shall not initiate or acgmesce in change in the zoning classification of the Property or make or permit any structural alteration thereof without Beneficiary's prior written consent. 6. COMPLIANCE WITH LAWS. Grantor shall reggularly and prompt)yy, comply with any applicable legal requirements of the United States the State of North Carolina or other governmental entry, agency or instrumentality relating to the use or condition of the Property. 7. CONDEMNATION AWARD. Any award for the taking of, or damages to all or any pan of the Property or any interest therein upon,the lawful exercise of the power of eminent domain shall be payable solely to Beneficiary, which may apply the sums so received to payment of the Debt. S. PAYMENTS BY BENEFICIARY. If Grantor shall be in default in the timely payment or performance of any of Grantor's obliggations, the Note or other Document, under this Deed of Trust or Other Deed of Trust, Beneficiary may, but it is not obli atetl to, expend for the account Qf Grantor any sums, ex enses and fees which Beneficiary believes a propria[e for the profecuon of the Proper and the maintenance and execution gf this trust. Any amounts so expended shall ge deemed_ principal advances fully secuvby this Deed of Trust shall bear interest from the time expended until paid at the rate of interest accruing on the Debt, and shall be due and payable on demand. u 12. SUBSTITUTION OF TRUSTEE. Beneficiary shall have the unqualified right to remove the individual designated as Trustee on the first page of this Deed of Trust, and to N�apppoint one or more substitute or successor Trustees by instruments filed for registration in the County Re¢�,istry where this Ueed of Trust is recorded. Any such removal or appointment may be made at any time and from time to Line without notice, without specifying an reason therefor and without an court approval. Any such,appointe, shall become fully vested with title to the Property and with all rights.. yowers and duties conferred upon the individual originallyy�designated as Trustee, in the same manner and m the same efgict as though that party were named herein as the original trustee. 13. INDEMNIFICATION IN EVENT OF ADVERSE CLAIMS. In the event that Beneficiary or Trustee voluntarily or otherwise shall become garties to any suit or le&�al proceedi% involving the Pro try, they shall be saved harmless and shall be reimbursed sdnd the sat rsPPhall be secured amounts ournby n . Dclluudi costs, charges anrattorney s fees incurred in any such suit or y rust and payable upon demand. 14. INSPECTION. Beneficiary may at any reasonable time and from time to time make or cause to be made reasonable entries upon, investigations, and inspections of the Propeny, including without limitation an inspections or investigations such as sampling and testing which may be necessary or desirable to review compliance with Environmental Laws. 15. WARRANTIES. Grantor covenants with Trustee and Beneficiary that Grantor is seized of the Property in fee simple, has the right to convey the same in fee simple, that title to the Property 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, sub l'ect only to any declarations, easements, restrictions or encumbrances listed in the title opinion or title insurance policy which Beneficiary obtained in the transaction in which Beneficiary obtained this Deed of Trust. I r. ANTI -MARSHALLING PROVISIONS. Trustee and Beneficiary may grant releases at any time and from time to time of all or any portion of the Property (whether or not such releases are required by agreement among the parties) agreeable to Trustee and BeneficiarY without notice to or the consent, approval or a¢regiment of other arties and interests, including junior lienors and purch niasers subject to the lien of this Deed of Trust. aril .a,ch r.m��,.c .h.�i .... .......... ... .._.. ..____ nor the or •-• ---r - -- —d l da F��Y wife wueevu m MIS or any party wno On actual or constructive noti ®waives anand all rights to refire the marshalling of assets connection with the exercise of any permitted �in applicable law or provided herein. 1 ]64NC ,0 o% >,. a w s M 156 PAGE 121 Ell 19. EVENTS OF DEFAULT. Grantor shall be in default under this Deed of Trust upon the occurrence of any of the following: (a) fault in ,he ment or performance of an of{�h�,� obli ati�s, o pf any covenant or warm this Dead f T at, in the, No[e or other�yocument, or tn�n oth neficiery rode foi 1�ltetbel7cfbii oafbcoitor obetwe�ri Grantor and �ene iclary; or m any contract etween any tht (b) Anyanwartarltyy, rePresen�atiotbor syTpent made or l' mished to Beneficd'ar� Po of Rn behalf of Grantor in connection with this tr sacnon prov ng to ave n eellse many mates respect when ma e r ruts ed; or (c) Lp ss. theft, substantia( ddemacQc, de$truction to or of the Proueny, or the assertion or making of any levy, seizure, met. anic sddor matenalman s,ten br atfttachment ulereot or thereon:ppdr any t �� (d fforcn� o(, assi�rtnm�niefor ke BeneFit otsciecd'ilora glv fprythe �nabil¢Y to pay �eQns in the ordinary faReceiver e course orf Dilsi�iessart of the r to or any c -m er, en orser, guarantor or surety or GGrantor; of ® (a) F ilurn pt' a corporate Grantor or co -maker, endorser, guarantor or surety for Grantor to maintain its corporate existence in g000standing; or (fl U on the nt p((an more( ud mcmt or the assessment of edin of an lax li a ainst Grantor; or upon the issuance of an; writ oe ga7mshmc�nt or a[ta �1>Inc� against any property of debts �i1c or f�gtsis o�2'irlentor; or (9p) oTpheerlYsale (including sallt bx. land contrtt upeon thver ot'�ossession), tra�tsfer or encumbrance o1 �Il o�an Bart O&'the Britt l or, an mwritt cr u1, t; any c ang m t e o of p se control o any corporate or partners 1p r (, cot out e e 1c ary's riot to t consent, or (h) if Cnefici smLVd pthe ise deem itself, 'ts security int rests, ��e Pro ert , or the petit unsafe or insecure; or should Benef� Lary of s rwlse believe riat the prospect of payment or over performance tsYtmpatred. LJ 21. RELEASE AND CANCELLATION. Upo❑ fulfillment of all of obligations, the perfornance of which is secured by this Deed of Trust, and uppoon payyment of the Debt, this Deed of Trust and the Not or other Document shall be marked "Satisfied" and returned to Or= or antl this conveyance shall be null and void and may tie cancelled of record at the request and cost of Grantor, and title to the property shall revest as provided by law. 1764NC 10409; vaa. a. s . IN TESTIMONY WHEREOF, the above corporate Grantor has caused this instrument to be executed under seal in its corporate name by its duly authorized with ® this scaled instrument being delivered on the date first above written. OM 45 PAM W . (CORPORATE NAME) IN TESTIMONY WHEREOF, each individual Grantor has hereunto set his hand and adopted as his seal the word 'SEAL' appearing beside or near his signature, this scaled instrument being a mted and delivered on the date first A wrutea. Grantor. Zif✓ �L"L^--(SEAL) Grantor: (SEAL) I By: (SEAL) Grantor: (SEAL) Tide: Grantor: By: (SEAL) IN TESTIMONY WHEREOF, the above partnership Grantor, Limited Liability Company, Limited Liability Partnership or Limited Liability Limited Partacridd has caused this instrument to be executed in the appropriate company or parnership name by its duly authorized general panner(s), maaaaer(a), or managing member(s), and has adopted as its seal the word 'SEAL appearing beside its name, this sealed t mg executed and delivered on the date frst above written. (SEAL) (SEAL) NAME O PART ERSHfe/LLC LLP OR Title: T (SEAL) By: (; lAla�t Tide: O• �::.� V OF NORTH CARD IN 'COUNTY OF PAMLICO t•�;rr•• uy.}•s, ;.... ANI'ye D I l lt� �CY 3;' L°� FRIED AN a Notary Public. do hereby certify that Grantor. . before me this day and acknowledged the execution of this Dad of Trust. �. : \mi�OallY appeared Y B 'P .0 0 �. Wjm is my hand and officials o seal, this 17TH day of OS �:.. n •... .: ;'�iQy.L"ommiasion Expires: 117 iC a,-U— f•'/r., �;... cm•,.: NOTARY PUBLIC AL•STAMP ®. STATB OF NORTH CAROj�.jj��llA, COUNTY OF ea D2 b r-p Q I, N n P_ n ins I I I P tr a Notary Public, do hereby certify that Grantor, personally appeared before me this day and acknowledge4 the execution of this Dad of Trust. Witness my hand and official or this �i$L'L day of o�1 UOS My Commission Expires: l 1 G P L Q paL • NOTARY PUBLIC SEAL STAMP SCATS AP NOATH CARQ]„11•pL, COUNTY OF pTIm ��-R•+..'^'��c FI k1 vl � lJ f Y) t � IC. t' a Notary Public, do 6ercby certify that r Y pe*iP appeared before me this day and acknowledged that helthey is/are MDlB i/K`JZ%GER (indicate r 40 IN - neral partners, managers or managing members) of SYLVAN VnX HOMES. LIC AGB= LIABUXIT C"ANY and further acknowledged the due, x fod of this Deed of Trust on behalf of the LIKVT D LIABILITY CCWANY O;� A4 es handy Commission and r . this 17TH day ofOCIOBM 2005 t `tic� •�•••••"'•NOT RY P 18 I SEAL STAMP STATE OF NORTH CAROLINA, COUNTY OF I, a Notary Public of said County and State, certify that personally came before me this day and acknowledged he (or she) is of , a corporation, and that he/she, as being authorized to do an. executed the foregoing on behalf of the corporation. Witness my hand and official seal this _ day of (Notary Seal) My Commission Expires: NOTARY PUBLIC The foregoing Certificates) of ®is/zee certified to be correct. This instrument and this certificate are duly registered at the data and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By: Deputy/Assistant - Register of Dade. 1764NC rowan Pc s w s - ® BOOK 456 PAGE 123 C EXHIBIT A A certain tract or parcel of land in Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: Being all of the tract identified as "The Landings of Oriental, Inc. 41.127 Acres" on the map entitled "A Survey For Vista Associates" which is recorded in Map Cabinet A at Slide 20-6 of the Pamlico County Registry. SAVING AND EXCEPTING from the above parcel all lots, roads and streets in Sections I, II and III of the Landings Subdivision, as shown on the maps recorded in the Pamlico County Registry in Map Cabinet A at Slides 21-1, 29-2, 47-7 and 62-10. ALSO CONVEYED is a non exclusive right of ingress, egress and regress over and upon Seafarer Drive, Peterson Place extended between Lots 45 and 46, Section II, The Landings, all as shown on the map recorded in Map Cabinet A at Slide 62-10 of the Pamlico County Registry. Prepared by HOLLOWELI. & HOILOWELI. Attorneys at Law Dayboro, North Carolina 28515 u N= Ma `Pu r° I i I I I I I I I 1 I L L v k ;l !-I m W3 C 0 D��r�4L E4 191,Z2SsF = q,3q lc� (S)�t Lq �i o� :,� 1�Z.,0uosF- = a,73,sG- (17,�C., SD 0 0 0 -S PEcC-'�T ICI PEA'✓!UJ l'�S OU�,sF /Z3,r C,G 7 sr = S7. ZSS _�, --/ SJ2iMC( r{ Kk�L ` `^f.CC !_:1.;/pr SS �rlE L�✓6, l�t�''1 l t Sy /b4 7, o l Z�,-o"� s,l vJo-t (� � _ , ©� t . `� L�-q) Tq = {��--�cF��r �r1 °t)�✓io � ,S = 5�. Z8' V = 3t�3o x 1�D.r zv r So05 ,', TEMP. �c��- �Lt=✓ �°S�M. taoti- �Le✓ � . L� � `J `G r 71 VOL- I /S U FOREBAY VOLUME ELEVATION SURFACE AREA INCREMENTAL VOLUME 2.25 1233 1,434.5 3.25 1,636 1,849.5 4.25 2,063 2,295.0 5.25 2,527 2,766.5 6.25 3,006 1,597.0 6�75 3,382 SUM = 9,942.5 Total Pond Area = 16,743 Total Pond Volume = 51,834 Average Depth = 3.10 / Drainage Area to Pond = 235,667 ✓ SA/DA Ratio = 7.1 Forebay is19 18%w of Pond. E, POND VOLUME ELEVATION SURFACE AREA INCREMENTAL VOLUME 2.25 6678 7,214.0 3.25 7,750 8,319.5 4.25 8,889 9,480.5 5.25 10,072 10,703.5 6.25 11,335 6,174.0 �-:.,, x� KW75 13,361 SUM = 41,891.5 V Hydraflow Table of Contents HD Pond 1-WDP Calcs-Revised 8-20-08.gpw Hydraflow Hydrographs by Intelisolve v9.22 Wednesday, Aug 20, 2008 ® Watershed Model Schematic.................................................................................... 1 Hydrograph Return Period Recap............................................................................ 2 1 - Year SummaryReport....................................................................................................................... 3 HydrographReports...........................................................................................:..................... 4 Hydrograph No. 1, SCS Runoff, Pre Development................................................................. 4 Hydrograph No. 2, SCS Runoff, Post Development............................................................... 5 Hydrograph No. 3, Reservoir, Outflow.................................................................................... 6 Pond Report - Wet Detention Pond................................................................................... 7 1 inch SummaryReport ....................................................................................................................... 8 HydrographReports................................................................................................................. 9 Hydrograph No. 1, SCS Runoff, Pre Development................................................................. 9 Hydrograph No. 2, SCS Runoff, Post Development............................................................. 10 Hydrograph No. 3, Reservoir, Outflow.................................................................................. 11 E C Watershed Model Schematic Hydraflow Hydrographs by lntelisolve v9.22 2 C r C Hydrograph Return Period Recap Hydraflow Hydrographs by lntelisolve v9.22 Hyd. Hydrograph Inflow Peak Outflow (cfs) Hydrograph No. type Hyd(s) description (origin) 1-Yr 1 InCh 3-Yr 5-Yr 10-Yr 25-Yr 50-Yr 100-Yr 1 SCS Runoff ---- 2.883 0.000 ---- ---- ---- -- -- ---- Pre Development 2 SCS Runoff ---- 11.60 0.218 -- -- --- ---- ---- -- Post Development 3 Reservoir 2 0.106 0.007 ---- --- --- -- -- -- Outflow Proj. file: HD Pond 1-WDP Calcs-Revised 8-20-08.gpw Wednesday, Aug 20, 2008 3 C C C Hydrograph Summary Report Hydraflow Hydrographs by Intelisolve v9.22 Hyd. No. Hydrograph type (origin) Peak flow (cfs) Time Interval (min) Time to peak (min) Hyd. volume (cult) Inflow hyd(s) Maximum elevation (ft) Total strge used (cuft) Hydrograph description 1 SCS Runoff 2.883 1 721 8,719 --- -- Pre Development 2 SCS Runoff 11.60 1 720 26,251 -- --- Post Development 3 Reservoir 0.106 1 1445 12,586 2 7.88 21,834 Outflow HD Pond 1-WDP Calcs-Revised 8-20-08.9p Return Period: 1 Year Wednesday, Aug 20, 2008 Hydrograph Report 4 Hydraflow Hydrographs by Intelisolve v9.22 ® Hyd. No. 1 Pre Development Hydrograph type = SCS Runoff Storm frequency = 1 yrs Time interval = 1 min Drainage area = 5.410 ac Basin Slope = 0.3 % Tc method = KIRPICH Total precip. = 3.20 in Storm duration = 24 hrs l U Q (cfs) 3.00 PX4U7 1.00 0.00 ' ' ' 0 120 240 — Hyd No. 1 Pre Development Hyd. No. 1 -- 1 Year 360 480 600 720 840 Wednesday, Aug 20, 2008 Peak discharge = 2.883 cfs Time to peak = 721 min Hyd. volume = 8,719 cuft Curve number = 61 Hydraulic length = 550 ft Time of conc. (Tc) = 9.41 min Distribution = Type II Shape factor = 484 Q (cfs) 3.00 2.00 SKIN: 1 0.00 960 1080 1200 1320 1440 1560 Time (min) Hydrograph Report 5 HydraBow Hydrographs by Intelisolve v9.22 ® Hyd. No. 2 Post Development Hydrograph type = SCS Runoff Storm frequency = 1 yrs Time interval = 1 min Drainage area = 5.410 ac Basin Slope = 0.3 % Tc method = KIRPICH Total precip. = 3.20 in Storm duration = 24 hrs * Composite (Area/CN) = [(2.640 x 98) + (2.770 x 61)) / 5.410 Q (Cfs) 12.00 M wa 4.00 2.00 0.00 0 120 240 — Hyd No. 2 Post Development Hyd. No. 2 -- 1 Year 360 480 600 Wednesday, Aug 20, 2008 Peak discharge = 11.60 cfs Time to peak = 720 min Hyd. volume = 26,251 cuft Curve number = 79* Hydraulic length = 570 ft Time of conc. (Tc) = 9.67 min Distribution = Type II Shape factor = 484 Q (cfs) 12.00 10.00 M M 4.00 f' OR — —. 0.00 720 840 960 1080 1200 1320 1440 1560 Time (min) Hydrograph Report 11 Hydraflow Hydrographs by Intelisolve v9.22 ® Hyd. No. 3 Outflow Hydrograph type = Reservoir Storm frequency = 1 yrs Time interval = 1 min Inflow hyd. No. = 2 -Post Development Reservoir name = Wet Detention Pond Storage Indication method used Q (cfs) 12.00 rM U : #$ 4.00 2.00 0.00 ' ' 0 300 — Hyd No. 3 Outflow Hyd. No. 3 -- 1 Year Wednesday, Aug 20, 2008 Peak discharge = 0.106 cfs Time to peak = 1445 min Hyd. volume = 12,586 cuft Max. Elevation = 7.88 ft Max. Storage = 21,834 cuft Q (cfs) 12.00 10.00 l 09 4.00 2.00 0.00 900 1200 1500 1800 2100 2400 2700 3000 Time (min) — Hyd No. 2 ull➢➢..➢iiifll➢ Total storage used = 21,834 cuft Pond Report Hydraflow Hydrographs by Intelisolve v9.22 Wednesday, Aug 20, 2008 Pond No. 1 - Wet Detention Pond ®Pond Data Contours - User -defined contour areas. Average end area method used for volume calculation. Begining Elevation = 6.75 ft Stage / Storage Table Stage (ft) Elevation (ft) Contour area (sgft) Incr. Storage (cuft) Total storage (cult) 0.00 6.75 16,744 0 0 0.50 0 67� 7.25 7.42 19,560 9,076 9,076 11,105 cult 0.75 7.50 19,996 4,945 14,021 1.25 8.00 20,878 10,219 24,239 1.75 8.50 21,775 10,663 34,902 Culvert / Orifice Structures Weir Structures [A] [B] [C] [PrfRsr] [A] [B] [C] [D] Rise (In) = 6.00 2.00 0.00 0.00 Crest Len (ft) = 10.00 20.00 0.00 0.00 Span (In) = 6.00 2.00 0.00 0.00 Crest El. (ft) = 8.40 8.40 0.00 0.00 No. Barrels = 3 1 1 0 Weir Coeff. = 3.33 3.33 3.33 3.33 Invert El. (ft) = 6.75 6.75 0.00 0.00 Weir Type = Riser Broad --- - Length (ft) = 52.00 0.10 0.00 0.00 Multistage = Yes No No No Slope (%) = 0.44 0.10 0.00 n/a N-Value = .013 .013 .013 n/a Orifice Coeff. = 0.60 0.60 0.60 0.60 Exfll.(in/hr) = 0.000 (by Contour) Multistage = n/a Yes Yes No TW Elev. (ft) = 0.00 ® Stage (ft) Note: CuNe ll0ate outflows are enalMd under Inlet (ic) and cutler (w) wneol. Weir deers checked for entice condldons (k) and suomergence (a). Stage / Discharge ® 0.00 0.50 1,00 1.50 2,00 2.50 3,00 3,50 Total 0 Elev (ft) 8.75 8.55 8.35 8.15 7.95 7.75 7.55 7.35 7.15 6.95 6.75 4.00 Discharge (cfs) 0 11 Hydrograph Summary Report Hydraflow Hydrographs by Intelisolve v9.22 Hyd. Ho. Hydrograph type (origin) Peak flow (cfs) Time Interval (min) - Time to peak (min) Hyd. volume (cult) Inflow hyd(s) Maximum elevation (ft) Total strge used (cuft) Hydrograph description 1 SCS Runoff 0.000 1 n/a 0 --- -- --- Pre Development 2 SCS Runoff 0.218 1 723 1,377 -- Post Development 3 Reservoir 0.007 1 1447 614 2 6.82 1,183 Outflow HD Pond 1-WDP Calcs-Revised 8-20-08.9p Return Period: 1 Indn Wednesday, Aug 20, 2008 Hydrograph Report 0 Hydragow Hydrographs by Intelisolve v9.22 ® Hyd. No. 1 Pre Development Hydrograph type = SCS Runoff Storm frequency = 11 inch Time interval = 1 min Drainage area = 5.410 ac Basin Slope = 0.3 % Tc method = KIRPICH Total precip. = 1.00 in Storm duration = 24 hrs Q (cfs) 0.10 0.09 ® 0.08 0.07 0.06 uxiii 0.04 0.03 111WA 0.01 0.00 0 10 — Hyd No. 1 Wednesday, Aug 20, 2008 Peak discharge = 0.000 cfs Time to peak = n/a Hyd. volume = 0 cuft Curve number = 61 Hydraulic length = 550 ft Time of conc. (Tc) = 9.41 min Distribution = Type II Shape factor = 484 Pre Development Hyd. No. 1 - HE 20 30 40 50 Q (cfs) 0.10 0.09 0.08 1110 0.06 0.05 0.04 0.03 0.02 Uxti -j- 0.00 60 Time (min) Hydrograph Report 10 Hydraflow Hydrographs by Intelisolve v9.22 Hyd. No. 2 Post Development Hydrograph type = SCS Runoff Storm frequency = 1 inch Time interval = min Drainage area =. 5.410 ac Basin Slope = 0.3 % Tc method = KIRPICH Total precip. = 1.00 in Storm duration = 24 hrs Composite (Area/CN) = ](2.640 x 98) a (2.770 x 61)] 15.410 Q (cfs) 0.50 11MI7 0.40 0.35 0.30 0.25 ;TWO 0.15 0.10 0.05 0.00 Post Development Hyd. No. 2-- EEE Wednesday, Aug 20, 2008 Peak discharge = 0.218 cfs Time to peak = 723 min Hyd. volume = 1,377 cuft Curve number = 79* Hydraulic length = 570 ft Time of conc. (Tc) = 9.67 min Distribution = Type II Shape factor = 484 Q (Cfs) 0.50 0.45 0.40 0.35 0.30 0.25 0.20 KIAR 0.10 0.05 000 0 120 240 360 480 600 720 840 960 1080 1200 1320 1440 1560 ® — Hyd No. 2 Time (min) Hydrograph Report 11 Hydraflow Hydrographs by lntelisolve v9.22 Hyd. No. 3 Outflow Hydrograph type = Reservoir Storm frequency = 1F inch Time interval = min Inflow hyd. No. = 2 -Post Development Reservoir name = Wet Detention Pond Storage Indication method used Q (cfs) 0.50 0.45 0.40 0.35 0.30 0.25 0.20 0.15 [rl<i[rl 0.05 0.00 0 300 Hyd No. 3 Ouiflow Hyd. No. 3 -- 1 Inch 600 900 1200 — Hyd No. 2 Wednesday, Aug 20, 2008 Peak discharge = 0.007 cfs Time to peak = 1447 min Hyd. volume = 614 cuft Max. Elevation = 6.82 ft Max. Storage = 1,183 cult 1500 1800 2100 2400 2700 1ffiflllf:fiflf Total storage used = 1,183 cuft Q (cfs) 0.50 0.45 0.40 0.35 0.30 0.25 0.20 0.15 [r1iB] 0.05 1 0.00 3000 Time (min) High Density Developments with Outparcels Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000, the Stormwater Management Regulations, deed ®restrictions and protective covenants are required for High Density Developments with Outparcels where outparcel lots will be subdivided from the main tract and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. 1, S'Yuyq-' RJE-D rt4, J , acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any outparcel or future development area: 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number as issued by the Division of Water Quality under NCAC 2H.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. 6. The maximum built -upon area for the outparcel(s) shown on the approved plans is as follows: Outparcel # BUA Outparcel # BUA LVT z so, o0o SF ® These allotted amounts include any built -upon area constructed within the property boundaries, and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. The runoff from all built -upon area within the outparcel or future development area must be directed into the permitted stormwater control system. 8. Built -upon area in excess of the permitted amount will require a permit modification. 9. The connection from the outparcel's collection system into the stormwater control shall be made such that short-circuiting of the system does not occur. 10. For those outparcels or future development areas whose ownership is not retained by the permittee, the new owner shall submit a separate offsite stormwater permit application to the Division of Water, uality and /rp +�e a/permit prior to construction. / Sin t re: c ✓C/ a�""y Date: 1, , a Notary Public in the State of un a Cn 1 yA 0, , County of t C� do hereby certify that // I �/ q 41/—� p 1 P J W1 M A) personally appeared CO before me this the �t day of. /�q , 221 , 20(0,, and acknowledge t7ue xecution o the foregoing instrument. Witness my hand and official seal, SEAL ® ignature/�/% �/q My Commission expires /x/p✓'c�G1 31, Form DRPC-2 Rev.1 Page 1 of 1 E Tab IV Soils Investigation/SHWT Map 0 El