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HomeMy WebLinkAboutNCC231634_FRO Submitted_20230531 l ( l 13 El if this project is ARPA-funded Attach a copy of the Letter of Intent to Fund FINANCIAL SEDIMENTATION POLLUTION CONTROL ACT ESPONSIBILITY/OWNERSHIP M No person may initiate any land-disturbing activity on one or more acres as covered bye the iA t, including this any form and ay under a common plan sedimentat on controdevelopment of this lize as covered have beenby the NCGO1 completed and approved by the Land and an acceptable erosion andappropriate Quality Section, N.C. Department of and, if thental queCstiolntys not applicable omit the plthedef mail address por phone Regional Office. (Please type or print number is unavailable, place N/A in the blank.) Part A.Project Name d,',4- ZoPi lireG 1. *If this project involves American Rescue Plan Act(ARPA) funds, list the Project Name or Project Number (e.g., SRP-D-ARP-0121) below under which you were approved for funding through the Division of Water Infrastructure (DWI). ar/4/101 City or Township2. Location of land-disturbing activity: Co'u�•ntt/yPor T n 't j Highway/Street .�7 2 r' �'G'�l.f Latitude(decimal degree .�� Longitude(decimal degrees) l e 16 50 3. Approximate date land-disturbing activity will commence: eS3 J�✓ ( 'f 4. Purpose of development(residential, commercial, industrial, institutional, etc.):AL_______ --_ 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): ".111L-4 _ •o s4M4? i 6. Amount of fee enclosed: $ / C)• . The application fee of$100.00 per acre (rounded up to the next acre) is assessedto NCDEQa ceiling amount (Example: 8.10-acre application fee is $900). Checks should be addressed 7. Has an erosion and sediment control plan been filed? Yes ZS Enclosed 0 No ❑ 8. Person to contact should�D� W erosion and sediment control issues arise during land-disturbing activity: �/ u�� Name eAf `- on el-S E-mail Address �`C itiow- Phone: Office# Mobile# 1/ , 2. i-` l0 3 D 9. Landowner(s)of Record ( ttach accompanied page to list additional owners): j� 21 `/03 / Wet/ et� D/v Name Phone: Office# Mobile# ,�- FAA" 50gKtirr--- 3fl�S Current Street Address Current Mailing ddress l''] � � 27S,r'? (J pe1 II. ( IQC 2-7-Ci ( (/A) �4ri gtaf (Zip City�/ State Zip City _ 02 7 1 f)2 /J Pa e No. <�'` P Provide a copy of the most current deed. 10. Deed Book No. g Part B. AO 1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on accompanied page.) if the company is a sole proprietorship or if the landowner(s)is an individual(s), the name(s) of the owner(s) maybe listed as the financially responsible party(ies). irerpit I i)e4---��ex sadv®tirr4� d 2 21e1ls0.1- ,AiE Com any Name E-mail Address 3 b(Sr f'k A-rf- 3D /S-- ?h Air'K Current Mailing Address Current Street Address C )/9 11 NC 2-75'f 7 CA-pe/ 14:i( NC 27-9 City State Zip City State Zip Phone: Office# g/ ( 21Q--/Z3E Mobile# / /6, 2~(- _/&3 6 Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit raft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. /lf( 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact (if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address Aor of the designated North Carolina agent who is registered on the NC Secretary of State business registry: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of Individual to Contact (if Registered Agent is a company) Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. ,A)/4 Landowner 2 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item 1 in Part B of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. hll/, Company 2 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 3 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 4 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 5 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# (c) If the Financially Responsible Party is engaging in business under an assumed name,give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership,or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. ��l Company DBA Name The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide zrcoted infor ation should there be any change in the info mation provided herein. N li Type/or print a Title or Authority / r)pi 4s- - zK- 3 Signature Date I, �Ir,rn.« c. 4 Ie.I e 44 ' s(14-04, , a Notary Public of the County of buil +t Ms.- State of North Carolina, hereby certify that Ro tt)Gev appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her. Witness my hand and notarial seal, this a t1 day of Pit 0, c 3 'K-- sod((.? xi.....- , Notary -,aI My commission expires - i • 02K BK 2150 PG 0268 FILED ELECTRONICALLY CHATHAM COUNTY NC LUNDAY A. RIGGSBEE REGISTER OF DEEDS FILED Sep 30, 2020 AT 03:46:06 PM BOOK 02150 START PAGE 0268 END PAGE 0271 INSTRUMENT # 12274 EXCISE TAX $0.00 NORTH CAROLINA DEED OF TRUST • SATISFACTION; The debt secured by the within Deed of Trust together with the note(s)secured thereby has been satisfied in full, This the day of ,20_._. • Signed: Parcel Identifier No._ _ Verified by County on the day of ,20.__ By Mail/Box to; Beneficiary This instrument was prepared by: Paul S. Messick,Jr., P.O. Box 880, Pittsboro,NC 27312 Brief description for the Index:_ _r THIS DEED of TRUST made this 30th day of September,2020,by and between; GRANTOR TRUSTEE BENEFICIARY RONALD WAYNE WEATHERS PAULS. MESSICK,JR. BRUCE W.CURTIS and wife, 243 Arcadia Lane P.O. Box 880 SARA E.CURTIS Pittsboro,NC 27312 Pittsboro,NC 27312 2342 Castlerock Farm Road Pittsboro,NC 27312 Enter in appropriate block for each party: name,address,and, if appropriate,character of entity,e.g.corporation or partnership, The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,plural, masculine, feminine or neuter as required by context. WITNESSE'I'I-1, That whereas the Grantor is indebted to the Beneficiary in the principal sum ONE HUNDRED SEVENTY THREE THOUSAND AND 00/100 Dollars ($173,000.00), as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payments of said Promissory Note, if not sooner paid,is March 30,2022. ]00054466.DOC)1)OC►NC Bar Association Form No.5 cif 1976,Revised September 1985,2002 Printed by Agreement with the NC 13ar Association- 1981 submitted electronically by "Gunn & Messick, LLP" in compliance with NorthCarolina statutes governingprecordable documents BK 2150 PG 0269 NOW,THEREFORE,as security for said indebtedness,advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and assigns, the parcel(s) of land situated in the City of Baldwin Township, Chatham County, North Carolina, (the "Premises") and more particularly _ described as follows: ALL OF LOT C CONTAINING 13.08 ACRES, MORE OR LESS, ACCORDING TO A PLAT ENTITLED "FINAL PLAT - ARCADIA" PREPARED BY ENT LAND SURVEYS, INC., DATED MARCH 2, 2016, AND RECORDED iN PLAT SLIDE 2016-131, CHATHAM COUNTY REGISTRY, REFERENCE TO WHICH IS HEREBY MADE FOR PARTICULAR DESCRIPTION. TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors,and assigns forever,upon the trusts, terms and conditions,and for the uses hereinafter set forth. If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions thereof in whole or in part, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then this conveyance shall be null and void and may be canceled of record at the request and the expense of the Grantor. If, however, there shall be any default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not cured within ten (I0) days from the due date, or(b) if there shall be default in any of the other covenants, terms or conditions of the Note secured hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing the Note and such default is not cured within fifteen (15)days after written notice, then and in any of such events,without further notice, it shall be lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein conveyed at public auction for cash, after having first giving such notice of hearing as to commencement of foreclosure proceedings and obtained such findings or leave of court as may then be required by law and giving such notice and advertising the time and place of such sale in such manner as may then be provided by law, and upon such and any resales and upon compliance with the law then relating to foreclosure proceedings under power of sale to convey title to the purchaser in as full and ample manner as the Trustee is empowered. The Trustee shalt be authorized,tp,retgira, an attorney to represent him in such proceedings. The proceeds of the Sale shall after the Trustee retains his commission, together with reasonable attorneys fees incurred by the Trustee in such proceedings, be applied to the costs of sale, including, but not limited to, costs of collection, taxes, assessments, costs of recording,service fees and incidental expenditures,the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to the provisions hereof and otherwise as required by the then existing law relating to foreclosures.The Trustee's commission shall be five percent(5%)of the gross proceeds of the sale or the minimum sum of$500.00 whichever is greater, for a completed foreclosure. In the event foreclosure is commenced, but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys fees, and a partial commission computed on five per cent(5%) of' the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance with the following schedule, to- wit: one-fourth (%) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half(!2) thereof after issuance of said notice, three-fourths ('A) thereof after such hearing; and the greater of the full commission or minimum sum after the initial sale. And the said Grantor does hereby covenant and agree with the Trustee as follows: I, INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefi( of the Beneficiary against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less than that amount necessary to pay the sum secured by this Deed of Trust, and as may,U,c. satisfactory to the Beneficiary. Grantor shall purchase such insurance, pay all premiums therefor, and shall deliver to Ben ficiary' such policies along with evidence of premium payments as long as the Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance, Such amounts paid by Beneficiary shall be added to the principal of the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary, All proceeds from any insurance so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of maturity of such installments or to the repair or reconstruction of any improvements located upon the Property. 2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed of Trust,and shall be due and payable upon demand of Beneficiary. 3. ASSIGNMENTS OF RENTS AND PROFITS, Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the. cost of reletting and collection,to apply the remainder to the debt secured hereby, • {00054466.DOC}DOCINC Bar Association Form No.5 0 1976,Revised 60 September 1985,2002 Printed by Agreement with the NC Bar Association- 1981 BK 2150 PG 0270 4. PARTIAL RELEASE'. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision providing therefor is included in this Deed of Trust, In the event a partial release provision is included in this Deed of Trust,Grantor must strictly comply with the terms thereof, Notwithstanding anything herein contained,Grantor shall not be entitled to any release of property unless Grantor is not in default and is in full compliance with all of the terms and provisions of the Note,this Deed of Trust,and any other instrument that may be securing said Note. 5. WASTE.The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now, reasonable wear and tear excepted, and will comply with all governmental requirements respecting the Premises or their use,and that he will not commit or permit any waste. 6, CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received, or any part thereof, to the indebtedness due hereunder and if payable in installments, applied in the inverse order of maturity of such installments,or to any alteration, repair or restoration of the Premises by Grantor. 7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful claims of all persons whomsoever, except for the exceptions hereinafter stated, Title to the property hereinabove described is subject to the following exceptions: NONE 8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee, then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the )robate and registration of the same,the trustee thus appointed shall succeed to all rights,powers and duties,pf the Trustee., ;;, ;l_ X THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE'BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS MARKED AND/OR INITIALED. 9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law [other than: (i) the creation of a lien or other encumbrance subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money security interest for household appliances; (iii) a transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety;(iv)the grant of a leasehold interest of three(3)years or less not containing an option to purchase; (v) a transfer to a relative resulting from the death of a Grantor; (vi) a transfer where the spouse or children of the Grantor become the owner of the Premises; (vii) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in which the Grantor is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the Premises], without the prior written consent of Beneficiary, .Beneficiary, at its own option, may declare the Note secured hereby and all other obligations hereunder to be forthwith due and payable. Any change in the legal or equitable title of the Premises or in the beneficial ownership of the Premises, including the sale; conveyance or disposition of a majority interest in the Grantor if a corporation or partnership, whether or not of record and whether or not for consideration,shall be deemed to be the transfer of an interest in the Premises. 10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein o'r in'atiyoth'r instrument given as additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby for suns due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default. 11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss, cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due after default and shall be due and payable on demand. 12. WAIVERS. Grantor waives all rights to require marshaling of assets by the Trustee or Beneficiary.No delay or omission of the Trustee or Beneficiary in the exercise of any right,power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time, 13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be entitled to employ an attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee of the Trustee in such action shall be paid by the Beneficiary and added to the.principal of the Note.. secured by this Deed of Trust and bear interest at the rate provided in the Note for sums due after default. lit. PRIOR LIENS, Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default hereunder. 15, OTHER TERMS. (00054466.DOC)DOC}NC Bar Association form No.5 0 1976,Revised 0 September 1985,2002 Printed by Agreement with the NC Bar Association• 1981 BK 2150 PG 0271 IN WITNESS WHEREOF,the Grantor has duly executed the fore ing as f thegday and year first abov ri en. � l (SEAL) (Entity Name) RONALD WAYNE WE THERS (SEAL) ... . 13y: } ... . Title: — .___ By: 'i'itle: —.. _(SEAL) By: Title: _....__..._.....__. _ State of North Carolina-County of 61rr`k- RAi —LW , the undersigned Notary Public of the County and State aforesaid, certify that RONALD WAYNE WEATHERS personally appeared before me this day and acknowledged the due execution of the foregoing my hand and Notarial stamp or seal this 3O day of' Septcmber,tr2020tt�ct�t for the purposes therein cxpres�e�dyk%% �/0, y &AL/WI My Commission E �xpires: 0`—(3�-V�� Q�',�l•?;�� w Si_ Notary Public w� AUf�G • State of North Carolina-County ofA I, the undersigned Notary Public of the Co?ft tTnCt *._foresaid, certify that __personally came before and acknowledged that_he is the of _ , a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable),and that by authority duly given and as the act of such entity,__he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal,this day of ,20_. My Commission Expires:_ Notary Public State of North Carolina-County of I,the undersigned Notary Public of the County and State aforesaid,certify that Witness my hand and Notarial stamp or seal, this _ W day of ,20_._, My Commission Expires: Notary Public The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date 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 (00054,166,DOC)DOC)NC liar Association Form No,5 QJ 1976,Revised 0 September 1985,2002 Printed by Agicumunt with the NC Bar Association-1981