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LAND USE Initial Application Date: 7--‘-e Application # 0 z. O (_ 7 L 9 CU# COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION Central Permitting 108 E Front Street, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) / 893 -2793 wwww.hamett.org /permits LANDOW ER: 1,1 Lr')2h /5A/6't( r [ Mailing Address: 7165' /4 et (lc b,aicB- r city: cjs•i. �t state:j zip:17Glsontact# q16 C77 2-56_- Email: APPLICANT': 6Y + , y niVtiiYYY1 VL� 11 Mailing Address: 1 '7�f i 14 f . 7 s/• City: ,,I4' 4fi; \k State:f f- Zip U3)I Contact# 776 ?77 Email: / 'Please filloilt applicant information if different than laann ♦ ♦♦ lJ ` P {(�� q 7 ^1 CONTACT NAME APPLYING IN OFFICE � 6 � 64 ` c ( OO All : Phone # 9/4) V 7 2 - 5 ' 2 7 _ PROPERTY LOCATION: Subdivision: &tN Oa 1(5 Lot #: Jq Lott, Size: • is State Road pp //�1 nh State Road Name: t Z I q Map Book &Page:g&Z7 / /0Dr V Parcel: / �� LUS ,, y f co 2-f 534 )i2/ P DZ , PIN: � 7 "J — � `c! 13 Zoning:PA 2 Flood Zone:_, Watershed: 4J/4Deed Book &Page: O2So f el Vi p Power Company': New structures with Progress Energy as service provider need to supply premise number � f + rom Progress Energy. SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: 72* ,q 1 L) AQ �J .,'i 4c/ /7'I Ib 5,46-/4x34'1 bfl Tech tic ( l nvc_ / a/ i PROPOSED USE: ) Monolithic CI SFD: (Size 9 x 3 1* Bedrooms # Bath Basement(w/wo bath): Garage: Deck: ( Crawl Space:`Stab: Slab: (Is the bonus room finished? ( ) yes ( )no w/ a closet? ( ) yes Lino (if yes add in with # bedrooms) ❑ Mod: (Size _x 1# Bedrooms_ # Baths_ Basement (w/wo bath)_ Garage:_ Site Built Deck: On Frame Off Frame (Is the second floor finished? ( ) yes ( )no Any other site built additions? ( ) yes ( no ❑ Manufactured Home: __SW _DW _TW (Size x ) # Bedrooms: Garage: (site built? ) Deck: (site built ?) ❑ Duplex: (Size x_) No. Buildings: No. Bedrooms Per Unit: ❑ Home Occupation: # Rooms: Use: Hours of Operation: #Employees: ❑ Addition /Acces; (Size x ) Use: Closets in addition? ( ) yes Lino Water Supply: ✓� Coounty Existing Well New Well (# of dwellings using well )'MUST have operable water before final Sewage Supply: VNew Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) _ County Sewer Does owner of this tract of land, own land that contains a manufactured home within five hundred feet (5001 of tract listed above? ( ) yes Lino Structures (existing or proposed): Single family dwellings: Manufactured Homes: Other (specify): Required Residential Property Line Set 6 ks: Q Comments: Front Minimum 7 `' Actual ! T, 7 Rear /` r 2 /4 4— (01, 7 l Closest Side /' 2 Sidestreet/corner lot Nearest Building on same lot If permits are granted I agre to conform o = , and laws of the Slate of North Carolina regulating such work and the specifications of plans submitted. I hereby stale that foregoin tatemenr; to and correct to the best of my knowledge. Permit subject to revo lion if false information is provided. I nature of Owner or Owner's Agent a "This application expires 6 months from the Initial date if permits have not been Issued' A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPLICATION Residential Land Use Application Page 1 of 1 07110 ' • pt 'Ek PRELIMINARY PLAT NOT FOR RECORDATION, SALES OR CONVEYANCES. i Og O � Lana : i. THIS PLAN IS FOR LOCATION PURPOSES ONLY. Fir: m@I ST amt y BUILDER SHOULD VERIFY FOUNDATION INFORMATION ANTS P STAFE 4T _ DEED S DP IYAy W TH PLANS BEFORE CONSTRUCTION BEGINS. ub - DEED BOOlc 2. PROPERTY SUBJECT TO EASEMENT AND COVEN PC - PA - PUT cool( „O PPAGE OF RECORD NO 111LE SEARCH PERFORMED. ry u� 3. ALL DISTANCES ARE MEASURED IN FEET. EASENDIT _� � SITE SIpAIX ■ GOP VCblprt \ `` (37 (Nat to shah) \` � ,f,EIS %� ` / 2 °Rq /4 qc N h � `� Z s� • •' : Fs�' 4 1 N 1 `. `... `.. ,_,EIS` Id ` \ N. \ \` 0.45 AC. \ r 1 BY COORDINATE A \\ \ \\ O 1 COMPUT p / a l (53 I n / p.,. • . \ \ / r--- 1 / .� \ to 4 9.7' / R=50.00' = 50.00 FF =35 o / "� , L= 41.70' 10.:' 2 0.4F. L (�% 1 CHORD . — , � N - N09°28'43" Y 40.50' A 10' UTILITY -EASEMENT i� C) I S`. P �° .J \ \ \ / \� HONOR LANE 50' B/W GRAPHIC SCALE -50 0 25 so 100 -SITE PLAN FOR- S N CHRIS MANNING GWEN OARS SUBDIVISION IN FEL"f) ,, „ MAP #2007 -1005 1 inch = 60 Pt. � � '' 69h '�!' rfortn Caalara 2: ° " 4 t ' :y'Y L1ar0rtad crrlAr 1. Cathy L Autry. artily that this plat was drown under my ANDERSON CREEK TWP SEAL = egerwwrr from al uctud under nod. und my s*NYan, HARNETT COUNTY = L _3796 • ; dapN pum recorded n Map aoA that the ratio of • NORTH CAROLINA os /G4 /t on O°Ialat.d by la and departures /ne/nests lar.. or meads 1 0,000, that O.. bamdrwP not nurveynd ars shown broker+ In.s o�tted from Information found n boob mf�anaed, that this map was • SCALE = 1' = 50' 0q `� Fi prepared In waadonaa .nh G.S. 47 -30 w nr a.ww. JUNE 4, 2010 ' •, � ' L . Pv. Minns my hand and ohldd ..d this 4th cloy of June. AD.. 2010. CATHY L. AUTRY, PLS 3796 " "" 3946 A SUNNYSIDE SCHOOL ROAD r A AI43 V�A FAYETTEVILLE, NC 28312 Cathy L t x PLS. L -3 PHONE — (910) 483 -5536 NAME: APPLICATION #: *This application to be filled out when applying for a septic system inspection.* County Health Department Application for Improvement Permit and/or Authorization to Construct IF THE INFORMATION IN THIS APPLICATION IS FALSIFIED, CHANGED, OR THE SITE IS ALTERED, THEN THE IMPROVEMENT PERMIT OR AUTHORIZATION TO CONSTRUCT SHALL BECOME INVALID. The permit is valid for either 60 months or without expiration depending upon documentation submitted. (complete site plan = 60 months; complete plat = without expiration) / 910 - 893 - 7525 option 1 CONFIRMATION # B' Environmental Health New Septic System Code 800 • Place "pink property flags" on each corner iron of lot. All property lines must be clearly flagged approximately every 50 feet between corners. • Place "orange house corner flags" at each corner of the proposed structure. Also flag driveways, garages, decks, out buildings, swimming pools, etc. Place flags per site plan developed at/for Central Permitting. • Place orange Environmental Health card in location that is easily viewed from road to assist in locating property. • If property is thickly wooded, Environmental Health requires that you clean out the undergrowth to allow the soil evaluation to be performed. Inspectors should be able to walk freely around site. Do not grade property. • Call No Cuts to locate utility lines prior to scheduling inspection. 800 - 632 -4949 (This is a free service) • After preparing proposed site call the voice permitting system at 910- 893 -7525 option 1 to schedule and use code 800 (after selecting notification permit if multiple permits exist) for Environmental Health inspection. Please note confirmation number given at end of recording for proof of request. • Use Click2Gov or IVR to verify results. Once approved, proceed to Central Permitting for permits. ❑ Environmental Health Existing Tank Inspections Code 800 • Follow above instructions for placing flags and card on property. • Prepare for inspection by removing soil over door as diagram indicates. Loosen trap door cover. (Unless inspection is for a septic tank in a mobile home park) • After preparing trapdoor call the voice permitting system at 910- 893 -7525 option 1 & select notification permit if multiple permits, then use code 800 for Environmental Health inspection. Please note confirmation number given at end of recording for proof of request. • Use Click2Gov or IVR to hear results. Once approved, proceed to Central Permitting for remaining permits. SEPTIC If applying for authorization to construct please indicate desi:V system type(s): can be ranked in order of preference, must choose one (_) Accepted (_} Innovative (_) Conventional {_} Any { Alternative { Other The applicant shall notify the local health department upon submittal of this application if any of the following apply to the property in question. If the answer is "yes ", applicant must attach supporting documentation. (_ }YES I NO Does the site contain any Jurisdictional Wetlands? {_)YES (Xi NO Do you plan to have an irrieation system now or in the future? {_)YES L NO Does or will the building contain any im? Please explain. I — IYES KC NO Are there any existing wells, springs, waterlines or Wastewater Systems on this property? (_)YES NO Is any wastewater going to be generated on the site other than domestic sewage? I_IYES IX) NO Is the site subject to approval by any other Public Agency? (_)YES 1 NO Are there any easements or Right of Ways on this property? (_ }YES X) NO Does the site contain any existing water, cable, phone or underground electric lines? If yes please call No Cuts at 800 - 6324949 to locate the lines. This is a free service. I Have Read This Application And Certify That The Information Provided Herein Is True, Complete And Correct. Authorized County And State Officials Are Granted Right Of Entry To Conduct Necessary Inspections To Determine Compliance With Applicable Laws And Rules. I Understand That I Am y Responsible For The Proper Identification And Labeling Of All Property Lines And Corners And Making The ite Accessi le So A Complete Site Evaluation Can Be Performed. aia , s j PROP? OWNERS OR OWNERS LEGAL REPRESENTATIVE SIGNATURE (REQUIRED) A 5/08 0 I iJIJHflIu FOR RE REQI$T®1 W OURS 288 ikY 1 Ai AI PA BK:2504 P6:280 -288 FEE:$35,08 MU # 2E87260 Gr' TR UST AND SECURITY AGREEMENT ° C I * . Is OR I fIX TUPE S) (;, This Instrument Prepared by 8 :0-1:4 • : 1 0 - Reference No. a r •. After Recording Mail to: Borrower(sl: 9ETE L BALLNACE First Bank HE ;Y LEIGH BALLANCE 1000 8 Main St �-� • : 'ICE DRIVE c OH NC 27615 Lillin• on NC 27546 �� Date: 5/01/2008 GRANTOR • USTEE BENEFICIARY SETH L BALLANCE, UNMARRIED HENRY LEIGH BALLANCE* AND SPOUSE S EN ,••• AD 9 First Bank MARY L BALLANCE "8 tH : STE B1 100D 9 Main St 2209 HAMRICK DRIVE • "CIE' 27 .1 Lillington NC 27546 RALEIGH NC 27615 * (aka H. Leigh Ballatte) 0 The designation Grantor, trustee, and Beneficiary as used .. v • sh In ude sold parties, their heirs, successors, and assigns, and shall Include singular, plural, mascuii e o :urt :: required by context. Obligor means any person or entity who is a maker of, or who is obligated n the • slit ion (defined below). WITHESSETH, that whereas the Grantor has agreed to execute and deliv: this r . of rust to secure the repayment of the principal sum of ONE HUNDRED TWENTY TWO THOUSAND EIGHT HUNDRED FIFTY MW •/10• 1 ($ 122850.001 as evidenced by ❑ a promissory note executed in favor of the Beneficiary by t G t2 - •• •miseory note executed in favor of the Beneficiary by SETH L BALLANCE AND HENRY LEIG y. ■ or ❑a guaranty agreement executed by , or ❑ the following evidence of Indebtedness: (the "Obligation ") of even date herewith or dated , and all future • • ' , onss xt- slaps, renewals and replacements thereof, the terms of which are incorporated herein by refer: n : itrf+ ement requires that all indebtedness thereunder, if not sooner paid, shall be due and payable in ful o . 0 0; unless modified, extended, renewed or replaced. The maturity date of the Obligation me extended, renewed or replaced by written agreement between the Obligor and the Beneficiary, • such extension may not exceed fifteen 1151 years beyond the original maturity date If this is , >(1; • of given to secure Future Advances. Page I of 6 pages dtandee. • 1 2/03 Reference No. REFORE, in consideration of the premises, and as security tor the payment of all sums due under the Oblit. u•, -- renewed, extended or modified, including attorneys fees and advancements or other sums due ere :er •ereunder, and for other valuable consideration, the receipt of which is hereby acknowledged, the • :nun : • bar Pained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant a t o ey t. the Trustee, with Power of Sale upon the terms and conditions contained herein, the parcel(s) of land •mg • „;;;t - . . ,, a._,. - Township, HARNETT County, North Caroline (the "Premises "), parti -: y . esc • ed s follows: SEE a. "A" ATTACHED HERETO ANO INCORPO TED HEREIN BY R9NCE FOR A N OF THE REAL PROPERTY HEREBY CONY ED- THE REAL PROPERTY • __ CRI: D • N EXHIBIT "A" ATTACHED HERETO IS $iE INCORPORATED HEREIN BV R 7- E TO THE SAME EXTENT AS IF SET FORTH HEREIN IN n'9 ENTIRETY. Together", it . ea men • .. and development rights, all permits, royalties, mineral, timber, oil, gas rights and profits, w: : rig. • a • ock, privileges, tenements, heredltaments and appurtenances thereunto belonging, and all •udd' • •s, eating, cooling, air conditioning, ventilating, plumbing, power, lighting, fire prevention, securit :•uip. evators, carpeting, floor covering, paneling, drapes, cabinets, shrubbery and plants and Improvem:.• : • •ereafter located thereon, all building materials and supplies at any time delivered to or place • - :I• , a • an and all equipment and property of Grantor of every kind now or hereafter located thereon, hareinaft= 1 ref- red • :: "Pr: 'ses that Grantor further conveys as security for the trust herein and all right, title and Inter. t o an -• - In : and lying in public streets or roads abutting the above described property, all rents revenues : d p •fl ro • Premises, all proceeds of insurance, all condemnation awards or settlements in lieu thereof, in uV g • :. e• for a temporary taking and all products and proceeds of the foregoing. TO HAVE AND TO HOLD said - r ito , og: her 1 i all privileges and appurtenances thereunto belonging, incident or appertaining thereto, tot : •ate: i- eirs successors and assigns forever, upon the trusts, terms and conditions. and for the uses and p p• • :rein er described. And the said Grantor covenants with the said Trustee that he is seized of the said - e• ses ee, has the fight to convey the same in tee simple, that title to the Premises is marketable and free from '11 • cumbrances • d at he will warrant and defend the title to the Premises against the lawful claims of all persons whom:Ke.: err,, �Jex :..t for the exceptions hereinafter stated, to wit: (x) (Marked if applicable.) This Deed of Trust is give partially to secure future obligations which may be incurred hereunder. The amount of present advanc:: o di • secured hereby is $ 25, • and the maximum amount. including present and future adv. noes, w be secured hereoy at any one time is 8 122, 850.00 . The period within which such future • . 'Irma be made is between the date hereof and 9/01/2 , but not more than fifteen (151 years from , ate er•-•f. ere is no requirement that there be any written instrument evidencing an advance secured by this ' :: • of .t. This paragraph is intended to conform with the provisions of N.C.G.S. 45 -67, et seq. If the Obligor shall pay the Obligation secured hereby in accords e h • .. ter. s, together with interest thereon, all renewals and extensions thereof, and all other sums secured •ere• : • r- :ntor shall comply with all terms and conditions of this Deed of Trust, then this conveyance sha r• _ • d = d be canceled at the request and expense of Grantor. If, however, (1) there shall be any default in a :. ym: - of • y sums due under the obligation, this Deed of Trust or any other Instrument securing payment of •e o• g:''•n, • 1) if there shall be default in any other obligation or other instrument securing payment of the • • I• : on, • iii) I there shell be a default in the obligations of grantor or Obligor under the terms of any other loan fr• • e '- ary •r default under the terms of any instrument secured by a Iles to which this Deed of Trust is sub. r t ate t Obligor or Grantor shall file a petition in bankruptcy or reorganization or shall have B petition file • : • .1 < Obli o •r Grantor which is not dismissed within forty five (451 days or If the assets of Obligor or Grantor a e . -sit al( f¢r t! e benefit of creditors or are seized by execution or judicial process, then and without further node it .half e a • uty of the Trustee. upon request of the Beneficiary, to sell tha Premises at public auction to the ' • h:: • -.. • , o ash after having first complied with all with all applicable requirements of North Carolina law r- -pact • e exercise of powers of sale contained in deeds of trust, and upon such sale the Trustee shall c- ve le o t e Page 2 of 6 Pages ler Reference No. pure .z er it :s hill and ample manner as the Trustee is empowered. The Trustee is hereby authorized to retain alto to represent him in any foreclosure proceedings. The proceeds of any foreclosure sale shall be ap. • e Trustee to pay his commission and reasonable attorneys fees Incurred in the proceeding, to the cosh of s:: including but not limited to taxes, assessments, recording costs, service fees and incidental ten.' r:. ), • the to the amount due on the Obligation hereby secured and all other sums expended by the B: - : r pu - ant to the terms hereof and other instruments, or as otherwise permitted by law. The True ; ;' .. y is on ' •e five percent (5%l of the gross proceeds of the sale. If foreclosure is commenced but not •. p - -d, o shal pay all costs Incurred by the Trustee, including reasonable attorneys tees, and a partial co • ••'- .mpu + :. •n five percent (5%) of the outstanding indebtedness in accordance with the following ached 11.. I • • efa : the Trustee issues a notice of hearing on the right to foreclose; 1(2 thereof after Issuance • s= • no - ;; 3!• , •f after such hearing; and the full commission after the Initial sale. The Grantor co ens • = :I • agr::: to keep all Improvements on the Premises constantly insured for the benefit of the Beneficiary ;.:ms osa • " fire and other casualties, and through such underwriters and for such amounts as may be satisfactory- o t : : fici: , All such insurance policies shall contain a mortgagee clause acceptable to Bank which shall pro ' • e rift= - • I•. to Bank not less that thirty(30) days prior to any termination, extension or modification of any insu an•: pol y. Gr: hall purchase such insurance, pay ell premiums, and deliver to the Beneficiary a copy of a - idencs that the premiums have been paid. In the event of loss Grantor shall give prompt n.: : ance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Grantor. • • -:d: • •• any such insurance shall at the sole option of the Beneficiary be applied to the Obligation he :} - . • .r L. the repair or reconstruction of any improvements upon the Premises. Grantor also covenants an. agr s • .t h: will • •p the Premises in as good order, repair and condldon as they are now, reasonable wear a • •ecep :.; • •t co, mit or permit waste; comply with all governmental requirements (including environmental s a• • r: , lat • s) respecting the Premises or their use; pay all taxes, assessments and charges lawfully levi ;g: at t Premises within days after the same shall become due ; and that the Premises will not be transferre• wi t the cons: •f the Beneficiary. Grantor further agrees that in the event any suit or proceedings shall be • • ght against . Tr - ee or Beneficiary or if any suit or proceeding shall be brought which may affect the value or title to t : •re - ;s, c antor shall defend, indemnify and hold the Trustee and /or Beneficiary harmless from any loss, ,• ' , d; • age • r e pense end shell reimburse the Trustee and! or Beneficiary for any attorneys fees Incurred. In • e ev: t the ru is named es a party to any civil action as Trustee, the Trustee shell be entitled to employ an att• , i • sing himself if he is a licensed attorney, to represent the Trust In said action, and the reasanebl: attar.: • - • :.f the Trustee in such action shall be paid by the Grantor. Grantor represents, warrants and agrees that (a) no Haz :rd at; al (as Beneficiary defined) has been used or placed on the Premises in violation of any applicable - viron : r • • e las Beneficiary defined); (b) no notice has been received with regard to any Hazardous Matteis on a P .:-• 1: -; (c) the Premises are presently in compliance with all Environmental laws; (d) no action, invest! do or • =: ding is pending or, to Grantor's knowledge, threatened which seeks to enforce any right or remed • :t t• • r the Premises in violation of Environmental Law; (0 Grantor shall permit no release of Hazen • s M - o • or from the Premises;(g) Grantor shall cause the Premises to comply with applicable Environm • an licenses, permits and other governmental or regulatory actions necessary for the Premises to ••mp E. ironmental Laws shall be obtained and maintained and Grantor shell assure compliance therewith; .. • { Gr; a t :11 give the Beneficiary prompt written notice if Grantor receives any notice with regard to Hazard. s • 4. :1 on • om or affecting the Premises and shall conduct and complete all investigations end all cle: u• :, ti.,• : ec :. sary to remove, In accordance with applicable Environmental Laws, such Hazardous Material . - rem :: . Grantor shall indemnity and hold harmless the Beneficiary from end against all losses, amens-. inc • 1 , w • out limitation, attorney's fees, consultants and engineering fees) and claims of every kind au : :d : o asserted against Beneficiary as a direct or Indirect result of (II the presence on or release from the = emir • • • . Hazardous Materiel , whether or not caused by Grantor, (11) the violation of any Envlronmen'; s map “le to the Premises, whether or not caused by Grantor, (iii) the failure by Grantor to comply ly A ; i :Atyle ms and provisions of this paragraph, or (iv) any warranty or representation made by Gremor in thi p -T'. ap •e a false or untrue in any material respect. For purposes of the Deed of Trust, "Hazardous Materiel" :a • • . lor ated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos, lead based paints, r: 4 An 1 : • to c mold and any hazardous, toxic or dangerous waste, substance or material defined as such in (o for Page 3 of 6 Pages ler Reference No. he iro • - :ntal Laws or listed as such by the Environmental Protection Agency. "Environmental Laws* . current or future governmental law, regulation or ruling applicable to environmental conditions on, und: o abut the Premises including, without limitation, the Comprehensive Environmental Response, om. - sad • Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act the • e: n sr Act. Grantor's obligations under this paragraph shall survive a foreclosure of or exercise of P• - • sal: under this Deed of Trust, a delivery of a dead In lieu of foreclosure, and a cancellation or term - to • = of this Deed of Trust. Gran •r �' nt- and warrants that the funds used to purchase the Premises were not the proceeds of criminal - ti'rt• th. pre ses have not been used, in any manner or part, to commit, or to facilitate the commissi• I of : o . ion • • law; and that the Premises are not otherwise subject to seizure or forfeiture under any state •. ed . - tor covenants and agrees that neither the Premises nor the proceeds of the Obligation wi be - . ed, or 1 = ded to be used, in any manner or pert, to commit, or to facilitate the commission of, viol.i .n of a 4 4 rantor agrees to notify Beneficiary promptly of any pending or threatened legal action, prose= • rig • in :. - that could result in seizure or forfeiture of the Premises. All rights of the Benefi:e c • ulative and no delay or forbearance by the Beneficiary in exercising any rights hereunder or othe e ; fo . • b law, shall operate as a waiver thereof or preclude the exercise thereof during the continuance of a s 'eh d- a t or a event of any subsequent default. If the Grantor shall fall to perform any covenant or o • •ge co a • : • in or in any other Instrument given es additional security for payment of the Obligatio u.. :. : id- may, but is not obligated to, make advances to pay insurance premiums, taxes, assessments, a •rn' •- other charges and to otherwise expend sums to perform such covenants or obligations and to p : • e e ien d security of the Deed of Trust, and all sums so advanced or expended shall be due from the Gr.n on d f the = eneficiary, and may by added to the principal of the Obligation, and if so shall bear in reot the rat: . • ided in the Obligation. Any insurance obtained by Beneficiary pursuant hereto may, at Be curry' • • • . ure only the Beneficiary and not the Grantor. Grantor assigns to the Beneficiary, i :nt of default 1 rents and profits from the Premises end any Improvements thereon. and authorizes the t, eficiary to e <r up. n and take possession of such Premises and improvements, to rent same at any reasonable rate of r an. aft: deducting from such rents the cost of letting and collection, to apply the remainder of the d: ere. y. If the Premises or any part thereof shall be taken by condemnation or settlement in lie ther roc - :.s from such condemnation are hereby assigned to the Beneficiary and Beneficiary may app s '• - ond: nation proceeds or proceeds in settlement of any condemnation to the indebtedness due or to th- recons•f the Improvements upon the Premises. This instrument shall constitute a Security Agreement u nder: orm Commercial Code of the State of North Carolina and Beneficiary in exercising its rights hereu • . 1 have : rights and remedies provided to a secured party under the laws of the State of North Caroline, i u.' g t a ght to sell any security property separate from the tend. If the Premises or any part thereof or interest therein is sold, easel : •, tr: • ' e , • or otherwise alienated by Grantor, whether voluntarily, involuntarily or by operation of law wi - ou th = prio • written consent of the Beneficiary, the Beneficiary may declare the Obligation secured hereby a • all •the .. ' . ions hereunder to be forthwith due and payable. Any change in the legal or equitable title of :m)- or in the beneficial ownership of the Premises. including the sale, conveyance or disposition of a ty - est'n the Grantor If a corporation, limited liability company. limited partnership or partnerahip, whet :r • • of r: - • or whether or not for consideration, shall be deemed a transfer of an interest In the Premises. 1 •• ith - • ing the foregoing, the following shall not be deemed a transfer of en interest In the Premises: (a) the • . • • of lien or other encumbrance subordinate to the lien of this Deed of Trust which does not relet: o a - • - •f rights of occupancy; (b) a transfer of devise, descent, or operation of law on the death of a jo =nt o = t by the entirety; (c) the grant of a leasehold Interest of three (3) years or less not involving an opti• t. p: :; (di a transfer where the spouse or children of the Grantor become the owner of the Premises; le a tr: -ter e: icing from a decree of a dissolution of a marriage, legal separation agreement, or from a inc • : • : • ar- se/dement agreement by which the spouse of the Grantor is and remains a beneficiary a • - oh • 'es •t relate to a transfer of rights of occupancy In the Premises. Page 4 of 6 Pages Reference No. rvocable power to appoint a substitute trustee is hereby expressly granted to the beneficiary or any bligation, which power may be exercised at any time without notice and without specifying any . o s•r by the filing of an instrument of appointment In the office where this instrument is recorded. w r - eu • • e - bstitute trustee shall succeed to all rights, powers and duties of the Trustee hereunder. I : of the c llaterol securing the Obligation is the principal dwelling of the Grantor. then notwi a di aereement of the Grantor or Obligor to the contrary. this Deed of Trust will not secure any Indebted e - t - or Obligor to the Beneficiary Incurred for personal, family or household purposes as opp • :: n commercial or agricultural purposes) other than the Obligation, and the covenants a • : rr: • • h in this Deed of Trust as they may be hereafter amended, modified, extended or re. This Deed o - -t i- •eliv::d in and shall be constructed under the Internal laws and judicial decisions of the State of North C= • Ina : • - the extent the same may be applicable, the laws of the United States. In any litigation in cone 'o or to a orce this Deed of Trust against any person, including, but not limited to, any Grantor. each such par. on ' ev• a• y con :nts to and confers personal jurisdiction on the courts of the State of North Carolina or t e nited , located in the State of North Carolina, and expressly waives any objections as to venu: In an su co. , and agrees that service of process may be made on each such person by mailing a copy of ::u. o • :nd complaint to them by registered or certified mail, return receipt requested. Nothing contained her n s, , , we : r, prevent the beneficiary or any other holder of the Obligation from bringing any action or exerci • w - hilt any other state or jurisdiction or from obtaining personal jurisdiction by any other means avail .Ie,byrap• c:.Ie I IN WITNESS WHEREOF, the Grantor has hereun : set 's h: ,d and seal, or if corporate, has caused this instrument to be signed in its corporate nave by its : ly a 1 ed •fficers and its seal to be hereunto affixed by authority of its Board of Directors or if part :rah!. • ed • :rtnership, by Its general partner(e) or if limited liability company by its managerial or mem. lei, • • .ay : - • year first above written, - - --g4t ISEAL) (SEAL! ems o -''�' 1! compan SETH ItALLANCE ���� {SEAL) it; _ "' I �_. A ._._�_.: (SEAL Bv: HENRY 7 - : 4 • LANCE 8.18 H. lei* Beans) • - -- • __ MALI By: ` (SEAL) MA t.ANcE ' (SEAL) By: (SEAL) Name of Corporation By: (MALI By: A0 B SEAL) TIP. Mr^ Pape 6 of 6 Pages iller 1 • Reference No. A ORTH CAROUNA, ifattmtt COUNTY , a • Public of the County and state aforesaid, certify that v ° , !S" e-eL♦ 39 Bal_brca (aka IL Lei attasr) tiro ly appeared before me this day and acknowledged the due execution of the foregoing Deed of T• o or y h: .and notarial stamp or seal this let day p o ( f � e ��� ' � S' V di nfi t g! CIZ T V Notary Public (Notary 11° Michelle T. Cie My Commission Expires: 10 - 2006 %% %%% Mau /,, STATE OF NORTH COUNTY I, = a Notary Public of said County and State, certify that pus - personally came before me this day and acknowled . h : i s , • of corporation /association, an• • /: : '` Y t , being authorized to do so, executing the foregoing on be : • • ' 1 • • : 'on. WITNESS my hand and official : day of . Notary Public (Notary Seel) y Commission Expires: STATE OF NORTH CAROLINA, • UNTY I, a Notary Public of said County and State, do hereb personally appeared before me this day and acknowledg , :, ecution of the foregoing Instrument for and on behalf of the Grantor/Debtor. Witness my hand and notarial stamp or seal this •sy T Notary Public (Notary Seal) My Commission Expires: STATE OF NORTH CAROLINA, COUNTY The foregoing certificate of a Notary Public of County, North Caroline Is certified to be c• :.+. ThItls�t day of f Register of Deeds Pane 6 of 6 Paper 41, et OF NORTH CAROLINA ii, ilea OF WO L P R N n• t - - -.. . a Notary Public of the County and S to a ai : -. • it : Mary L.: nee, Grantor, personally appeared before me this day • - , . -. • . execution of the foregoing Deed of Trust. _.: 'al stamp or seal this 1" day of May, 2008. c1:2 ru l teary Public My Commission E • S,: % .• V • e j 5 . 1 e Nk i c ,„ ».. 1 0 C 9 1110 1 c. " T. COpMr 111 103:_r) , , 4 , 7, ,r,. t I! as �k li Il l.0'y 11��11 le d r , ..\ 'J.' - . ° ‘"'- '''t . ../ %96./1° � , BERLY S. HARGROVE c 4 DEEDS, HARNETT _ • - 0 -' ELIUS HARNETT BLVD ITE 200 RI. • N C 27546 ....,. ....»,..«.«.«...«....«.....»... rIR. . .«....«....«.......«. • Filed For Registration: 06101 •• 1 • • • Book: RE - I• gm 2S0-269 Document No.: 2008007260 DTIAGREE 9 : < : Recorder: ANGELA J BYRD 0 State of North Carolina, County of Harnett KIMBERLY 8. HARGROVE , REGISTER OF DEEDS Clo DO NOT DISCARD I 2008007260 2 0 p 008007260