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LAND USE 7 Initial Application Date: { V Applicetion # L - PO 2 C 1/ gg CU# COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION Central Permitting 108 E. Front [ Street, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) 27 w LANDOW ER: 1 � L /2 {? 6C1 / l ( t )�" Mailing Address: 2 7 d t /4 /i •i'l El (Ic U2' u �- City: ice ,° k State:jZip: ?76ISontact# qIG '977 2 -- Email: , APPLIC NT•:(3Y� 1& Lsv1 Mailing Address: - 77if , Qw4f. S/ ( City: �I i'��L� i4 / r - Staterf � Z ip�(3)! Contact# "6 ! G l7'Z 2- Email: / 'Please fill oat applicant information if different than landowner {(�� CONTACT NAME APPLYING IN OFFICE: 61010 la ') ow 4k ( LJ ` Poo l�I ✓L Phone # , ' 7 / PROPERTY LOCATION: Subdivision: ks t Lot #: ✓ 3 Lot Size: ry State Road # • / r State Road Name: �, pr Map Book &Page: 2°A 00 1 l ( Parcel: DA O1. o q ca Z) 1. ' PIN: t' ,�%� bZ-� 7 � 721,00D Zoning:a 2 ° " tfiood Zone: / Watershed: /V4 - Deed Book &Page: :s®�l c Power Company: eak New structures with Progress Energy as service provider need to supply premise number }y� from Progress Energy. SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: 7 k ( f ld /'t' y 2-110 rig L � Atli) ),I6Lri ioanon b)1 7IC7"?t 4 �1 PROPOSED USE: y. , ' Monolithic O SFD: (SizQ' x # Bedrooms: # Baths:` Basement(wlwo bath):_ Garage: / _ Deck:! Crawl Space:!' Slab:_ Slab:_ (Is the bonus room finished?( ) yes ( )no w/ a closet? ( ) yes ( )no (if yes add in with # bedrooms) ❑ Mod: (Size _x ) # Bedrooms_ *Baths Basement (w/wo bath)_ Garage:_ Site Buill Deck:_ On Frame_ Off Frame_ (Is the second floor finished? ( ) yes ( Ina Any other site built additions? (J yes (Jno O 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: ❑ AdditionlAccessorylOther: (Size x ) Use: Closets in addition? ( ) yes Lino Water Supply: ! / C 4unty Existing Well _ New Well (# of dwellings using well ) `MUST have operable water before final Sewage Supply: ✓New 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 (500') of tract listed above? (J yes ( ,)no Structures (existing or proposed): Single family dwellings: Manufactured Homes: Other (specify): Required Residential Property Line Setbacks: Comments: ba Front Minimum '1' Actual 1 9 Rear / L ILL/ • Closest Side Sidestreeticorner lot Nearest Building on same lot If permits are granted 1 agree t onfo to ,inances and laws of the State of North Carolina regulating such work and the specifications of plans submitted. I hereby state that foregoing st em . a � / / /ill"' orate and correct to the best of my knowledge. Permit subject to revocation if false information is provided. nature of Owner or Owner's Agent Date This application expires 6 months from the initial date H permits have not been Issued•' A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPUCAT1ON Residential Land Use Application Page 1 of 1 07/1D PRELIMINARY PLAT NOT FOR RECORDATION, SALES OR CONVEYANCES. ON NI �2 L - 1. THIS PLAN 15 FOR LOCATION PURPOSES ONLY. Y^ EIS - DEMO MCP n BUILDER SHOULD VERIFY FOUNDATION INFORMATION IS - NON STAKE SET R - RpLIMY WITH PLANS BEFORE CONSTRUCTION BEGINS. q =y 2. PROPERTY SUBJECT TO EASEMENT AND COVENANTS ^ O P0 - PAGE OF RECORD NO TITLE SEARCH PERFORMED. N �+., P LINE _ _ 3 ALL DISTANCES ARE MEASURED IN FEET 4 " /' SITE AD O Mas peMair ple CF}` yap E" ENT Set °. LNle Map � N . N. - N.% `3J --." .........19;11r°66.1.111r ` 45 /..v. O � \ 989 l � ?O • et? co ^' \ ''∎ IS ..GF \ \ EIS - ® �`�\ �� \ 0.60 AC. I . / BY COORDINATE \ [ COMPUTATION / \ / \ / \ 1 c I ti MrI 5 4 1 N • N I\ \ J CD B LS` LA Z '-.1 » `52 w. R= 50.00' A BA _ L= 29.36' v oSE- CHORD J — N31'13'58 "W 28.94' EIS I R= 50.00' N00'08'17 "E r 2.74' EIS r L = C HORD 29.36 ICE N23'57'25 "W 8a • , IV" 20.41' GRAPHIC : ALE - PLAN FOR - -60 0 30 BO 120 GARY ROBINSON HOMES CWEN OAKS SUBDIVISION ill =,...�.. MAP #2007 -1005 PIN 0536 -09- 7229.000 1 inch --- 0 ft. � A (may ' Mann C na Cumbrlwnd County T I, Cathy 1. Autry, certify that thb plot was drown under my ANDERSON CREEK TWP . - : SEAL nptn lon .am n actual tummy mode maw my "Pr"bbn HARNETT COUNTY - L -3 796 =as ma°d'd In Map 1¢007 -1006, that the ratio of NORTH CAROLINA , » o"° Mabd by latitudes and dqw meets r »».d. 1 O,Od that the boundaries mt nry yS are Mown t Saar Ibes toe/04/1 . ' f om In am °tlon fannd b Eoab Nran that this map was SCALE = 1' = 60' 641 5 �� '' . prepared In °aca d.: 11th G.S. 47 -30 o amnMd. AUG. 4, 2010 L.. 1. ‘ ynm»e my hand and afllolal »o! this 4th day of Aug. A.O. 2010 CATHY L. AUTRY, PLS 3796 " "" 3946 A SUNNYSIDE SCHOOL ROAD C )E Auil FAYETTEVILLE, NC 28312 Cathy L hltry, PLS. L-37 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 dependi g upon documentation submitted. (complete site plan = 60 months; complete plat = without expiration) 910 - 893 -7525 option I CONFIRMATION # 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 stem type(s): can be ranked in order of preference, must choose one. (_) Accepted {_) Innovative (_ Conventional (_} Any (_1 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. { (Y} NO Does the site contain any Jurisdictional Wetlands? { }YES (V NO Do you plan to have an irrieatien system now or in the future? { }YES ( V) NO Does or will the building contain any drains? Please explain. f —[YES I( 1 NO Are there any existing wells, springs, waterlines or Wastewater Systems on this property? [_)YES (X} NO Is any wastewater going to be generated on the site other than domestic sewage? [ (x} NO Is the site subject to approval by any other Public Agency? (_)YES {ma} NO Are there any easements or Right of Ways on this property? (_DYES {'} NO Does the site contain any existing water, cable, phone or underground electric lines? If yes please call No Cuts at 800 -632 -4949 to locate the lines. This is a free service. 1 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 A Solely ' t , nsible For The Proper Identification And Labeling Of All Property Lines And Corners And Making The Si Accessible S I hat • r o • Mete Site Evaluation Can Be Performed. 4 / -1 , lu PROPERTY r WNERS OR OWNERS LEGAL REPRESENTATIVE SIGNATURE (REQUIRED) DATE 5/08 0 1111 ll !:, ihfihI FOR Rp Tpp'to rpl Or DEEDS /--� a1f 2V 251-259 e i WW1tRRnu l ia � ' uvc f•�c y� / 1 9K :1504 1Y Y !CL:$ nl f4 Iii 1 riii 1259 'OF TRUST AND SECURITY AGREEMENT cc , (COLLATERAL US OR INCLUDES FIXTURES) This Instrument Prepared b 872 - - ADA4f •• r r $ Reference No. After Recordin• Mall to: : i� SETH L �t,INncs Borrower(s): First Bank - H :+•: Y LEIGH BALLANCE 1000 8 stain SC • • - '-ICK DRIVE GH NC 27615 Lill in- ton NC 27546 SS Date: 5/01/2008 GRANTOR E EThEFlCIARY SETH L BALLANf'E, UNMFtRIED HENRY LEIGH RALLANCS, AND SPOUSE $T.=• :1 - .DP 1. - First Bank MARY L BALLANCE -28 , • : E BTE 81 1000 S Main $t 2209 HAMRICK DRIVE -i I 27 •1 Lillington NC 27546 RALEIGH NC 27615 * (aim H. 1E1g}tfitlerra di The designation Grantor, trustee, and Beneficiary es use. •: eh:, i .- de said parties, their heirs, successors, and assigns, and shell include singular. plural, meacul a • n : . s required by context. Obligor means any person or entity who Is a maker of, or who is obligated n • : the • .1t : tion (defined below). WITHESSETH, that whereas the Grantor has agreed to execute and deliv: thi ..: • of ' rust to secure the repayment of the principal sum of ONE HUNDRED THIRTY FOUR THOUSAND AND NO /100 D. .r: 1$ 134000.00) as evidenced by El a promissory note executed in favor of the Beneficiary by • : C .nt. ,13 • omissory note executed in favor of the Beneficiary by BETH L EALLANCE AND HURT LIMG . w , orD a guaranty agreement executed by 401, ,Or o the following evidence of indebtedness: (the "Obligation ") of even date herewith or dated , and all future ,.+;' c, ions 9 nsione, renewals and replacements thereof, the terms of which are incorporated herein by referen h h g . ement requires that all indebtedness thereunder, if not sooner paid, shall be due and payable in fu o illk / /0; unless modified, extended, renewed or replaced. The maturity date of the Obligati• me, lrr •d :d, extended, renewed or replaced by written agreement between the Obligor and the Beneficiary, • . ' :. - • • : e such extension may not exceed fifteen (15) years beyond the original maturity date if this is .- D of rue given to secure Future Advances. Page 1 of 6 pages dtsndse.., /22/03 Reference No. • , T REFORE, in consideration of the premises, and as security for the payment of all sums due under the Obli•: tor, :s renewed, extended or modified, including attorneys fees and advancements or other sums due :re • •ar ereunder, and for other valuable consideration, the receipt of which is hereby acknowledged, the • tor • .: r ained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant . • • o -y t• he Trustee, with Power of Sale upon the terms and conditions contained herein, the parcel(s) of lend • ng 1. —e 4•:-_ Township, HARNETT _ County, North Carolina (the "Premises "), parti. I:. y ieacribe• :e follows: 0 BEE = • BIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN BY AI REFERENCE FOR A PROPERTY • i :CRl8F • ON "AI" PRO ACd1E 6 H y E6V INCORPOOR HEREIN BY R E TO THE SAME EXTENT AS IF err FO H HEREIN IN ITS ENTIRETY, Together , ith a ::ement: a and development rights, all permits, royalties, mineral, timber, oil, gas rights and profits, w: • rig : and i _ oak, privileges, tenements, hereditaments and appurtenances thereunto • belonging, end all : ildi a et' ng, cooling, air conditioning, ventilating, plumbing, power, lighting, fire prevention, securi ip • : :stators, carpeting, floor covering, paneling, drapes, cabinets, shrubbery and plants and improveme• - • - , hereafter located thereon, all building materials and supplies at any time delivered to or plat:. .: e• , and a and all equipment and property of Grantor of every kind now or hereafter located thereon, herelna e ref: ed o :- "Pr- •eises" that Grantor further conveys as security for the trust herein and all right, title and inters.t o; Gr. '.• In : *land land lying in public streets or roads abutting the above described property, all rents revenue' and • ofit; t e Premises, all proceeds of Insurance, all condemnation awards or settlements in lieu thereof, I • • • i • • • ; - :Lies for a temporary taking and all products and proceeds of the foregoing. TO HAVE AND TO HOLD said •rerpises, og: er I ail privileges and appurtenances thereunto belonging, incident or appertaining thereto, to • : tee is -: re, - • cceasors and assigns forever, upon the trusts, terms and conditions, and for the uses and p ' • .•::. eln:•»•:r described. And the said Grantor covenants with the said Trustee that he is seized of the said . • : • -es i r ee, has the right to convey the same in fee simple, that title to the Premises is marketable and free from :ti : • - mbrancee, - 4 hat he will warrant and defend the title to the Premises against the lawful claims of all per • • ns whom • • .er, ex. -•t for the exceptions hereinafter stated, to wit: (X} (Marked if applicable.) This Deed of Trust Is given h • • : daily to secure future oblioatlons which may be incurred hereunder. The amount of present advancr: o i' • •in, secured hereby i 8. ai4R.is and the maximum amount, including present and future ad nc• -, whit ma be secured hereby at any one time is $ 134, 000.00 . The period within which such future :. • . - ay b: made Is between the date hereof and Vol /2009 , but not more than fifteen (15) years from • : •f. ere is no requirement that there be any written instrument evidencing an advance secured by this D. of- r =t. This paragraph is intended to conform with the provisions of N.C.G.S. 45 -57, et seq. If the Obligor shall pay the Obligation secured hereby in accordam -: • i - : • s, together with Interest thereon, all renewals and extensions thereof, and all other sums secured ere; an• amor shall comply with all terms and conditions of this Deed of Trust, then this conveyance eh •e v••, d ,:y be canceled at the request and expense of Grantor. If, however, (1) there shall be any default i •.•.: • : ment o - y sums due under the obligation, this Dead of Trust or any other Instrument securing payment of t : ob •a • . n, • (II) If there shall be default in any other obligation or other instrument securing payment of the • • • : • n, • HI) there shall be a default in the obligations of grantor or Obligor under the terms of any other loan fr. • : • : fi -: ry, • r default under the terms of any instrument secured by a lien to which this Deed of Trust is su • : di. e, • - li Obligor or Grantor shall file a petition in bankruptcy or reorganization or shall have a petition fil: :• - •bllgo or Grantor which Is not dismissed within forty five (45) days or if the assets of Obligor or Grantor a a"igneefter t benefit of creditors or are seized by execution or judicial process, then and without further notic; it . .II'kfe e duty of the Trustee, upon request of the Beneficiary, to sell the Premises at public auction to the gh: t .1.1e • cash after having first compiled with all with all applicable requirements of North Carolina law • . r- -.act • e exercise of powers of sale contained in deeds of trust, and upon such sale the Trustee shall c.' ey ' - o t • Page 2 of 6 Pages Ifir 1 Reference No. pur ...sec ',• At full and ample manner as the Trustee is empowered. The Trustee is hereby authorized to retain att. - e to represent him in any foreclosure proceedings. The proceeds of any foreclosure sale shall be ap•' -d . e Trustee to pay his commission and reasonable attorneys fees incurred in the proceeding, to the cos •• of s; Including but not limited to taxes, assessments, recording costs, service fees and Incidental : • , n• r:: ), end the to the amount due on the Obligation hereby secured and all other sums expended by the • . • , j; p :vent to the terms hereof and other Instruments, or as otherwise permitted by law. The True -'e is Ion , •e five percent (596) of the gross proceeds of the sale. If foreclosure Is commenced but not c • • - • shal pay all costs incurred by the Trustee, Including reasonable attorneys fees, and a partial c• • •••: .• omp .D at five percent (5%) of the outstanding indebtedness in accordance with the following ached -. 11 • • - ' , • of • - the Trustee Issues a notice of hearing on the right to foreclose; 112 thereof after Issuance • f e- no - _ - ; 3/• . f after such hearing; and the full commission after the Initial sale. V The Grantor co•ene.: a• . agr -: to keep all improvements on the Premises constantly Insured for the benefit of the Beneficiary :.:I : oss : fire and other casualties, and through such underwriters and for such amounts as may be aatisfacto o . ; • : efici- • . All such insurance policies shall contain a mortgagee clause acceptable to Bank which shall pro •a rift: .ti : to Bank not less that thirty1301 days prior to any termination, extension or modification of any insu an..- poi y. Gr hell purchase such insurance, pay all premiums, and deliver to the Beneficiary a copy of a s po - , • Idence that the premiums have been paid. In the event of loss Grantor shall give prompt n• e in • ance carrier and Beneficiary. Beneficiary may make proof of loss If not made promptly by Grantor. A .ro... - • : • • any such insurance shell at the sole option of the Beneficiary be applied to the Obligation h . ., b - - r.,. or o the repair or reconstruction of any improvements upon the Premises. Grantor also covenants ; n• ag ; • i. will .; -p the Premises In as good order, repair and condition as they are now, reasonable wear an • t: . cep : d; • •t e'.- mit or permit waste; comply with all governmental requirements (including environments :• a a, r:.: leti. -1 respecting the Premises or their use; pay all taxes, assessments and charges lawfully ley . • -. .t • Premises within days after the same shall become due ; and that the Premises will not be transferr: wit , t the conse .1 the Beneficiary. Grantor further agrees that in the event any suit or proceedings shall be .: ght against Tru se or Beneficiary or if any suit or proceeding shall be brought which may affect the value or tide to t - • e ' I L rantor shall defend, indemnify and hold the Trustee and /or Beneficiary harmless from any loss, c • , d :. • r e pense and shall reimburse the Trustee and/ or Beneficiary for any attorneys fees incurred. In a av -- • ru: ;e is named as a party to any civil action as Trustee, the Trustee shall be entitled to employ - att. - , r ding himself if he is a licensed attorney, to represent the Trust in said action. and the reasonabl: attor - ... • f the Trustee In such action shall be paid by the Grantor. Grantor represents, warrants and agrees that (a) no Haz:rd.ate'el (as Beneficiary defined) has been used or placed on the Premises in violation of any applicable nvsonm: -. , s (as Beneficiary defined); (b) no notice has been received with regard to any Hazardous Mater a Pr;: i : ; : ; (c) the Premises are presently in compliance with all Environmental laws; (d} no action, Investig -tio • r p••c..ding is pending or, to Grantor's knowledge, threatened which seeks to enforce any right or rem: • ag • . -t r - t• or the Premises in violation of Environmental Law; 10 Grantor shall permit no release of Hazer. •us ter' on .. or from the Premises ;(g) Grantor shall cause the Premises to comply with applicable Environm' , L:. • all licenses, permits and other governmental or regulatory actions necessary for the Premises to c • mp w' E ironmantal Laws shall be obtained and maintained and Grantor shall assure compliance therewith; -nd Gr. • • r - .11 give the Beneficiary prompt written notice if Grantor receives any notice with regard to Hazards+ s . e.. o r om of affecting the Premises and shalt conduct and complete all investigations and ell Iles . - do ea to remove, in accordance with applicable Environmental Laws, such Hazardous Material o em : -. Grantor shall indemnify and hold harmless the Beneficiary from and against all losses, expo .r.: ncl hout limitation, attorney's fees, consultants and engineering fees) and claims of every kind s •e :- ■ • or asserted against Beneficiary as a direct or indirect result of 11) the presence on or release from the P f i. :: . . Hazardous Material , whether or not caused by Grantor, (ill the violation of any Environm al e a lic- • le to the Premises, whether or not caused by Grantor, Mil the failure by Grantor to comply t y . tlSt e 1 -rms and provisions of this paragraph, or (Iv) any warranty or representation made by Grantor in thi p:. a• aph ;I , false or untrue In any material respect. For purposes of the Deed of Trust, "Hazardous Material" •ean ori.ated biphenyls, petroleum, flammable explosives, radioactive materials, asbestos, lead based paints, . • . 9:: to 'c mold and any hazardous, toxic or dangerous waste, substance or material defined as such In to • • • P. : ;s • 1 Page 3 or 6 Pages if Reference No. the Ito • anal Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" •• y current or future governmental law, regulation or ruling applicable to environmental conditions on, und• o a• •ut the Premises including, without limitation, the Comprehensive Environmental Response, om. sal • =nd Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act • the • ::n ' titer Act. Grantor's obligations under this paragraph shall survive a foreclosure of or exercise of r • 881 under this Deed of Trust, a delivery of a deed in lieu of foreclosure, and a cancellation or ter ' atlo • • . •'. • of this Deed of Trust. Gran • r "; en and warrants that the funds used to purchase the Premises were not the proceeds of criminal the • . pre l ises have not been used, in any manner or part, to commit, or to facilitate the commissi of - • • t. ion - • • law; and that the Premises are not otherwise subject to seizure or forfeiture under any state • ed• -1 : , tor covenants and agrees that neither the Premises nor the proceeds of the Obligation wl, be •sed, or is int:nded to be used, in any manner or pert. to commit, or to facilitate the commission of, - viol: ' • n of ay j cantor agrees to notify Beneficiary promptly of any pending or threatened legal action, proc -- • ng • n• -= n that could result in seizure or forfeiture of the Premises. All rights of the Boner . • - c. ulative and no delay or forbearance by the Beneficiary in exercising any rights hereunder or othe s.. • • - • b law, shall operate as a waiver thereof or preclude the exerdee thereof during the continuance of a y - •ch • : a t or�irfitt event of any subsequent default. If the Grantor shall fail to perform any covenant or o• rg: '• • co : In or in any other instrument given as additional security for payment of the Obligati. •• = y may. but is not obligated to, make advances to pay Insurance premiums, taxes, assessments, :i• • f : <: • r other charges and to otherwise expend sums to perform such covenants or obligations and to p ::: • : • : . :n d security of the Deed of Trust, and all sums ao advanced or expended shall be due from the Gr' n • r on • - •• : nd • f the = eneficiary, and may by added to the principal of the Obligation, and if so shall bear In :reCt the r= , • ided in the Obligation. Any insurance obtained by Beneficiary pursuant hereto may, at Be : icier '. •+ • sure only the Beneficiary and not the Grantor. Grantor assigns to the Beneficiary, i I . t of defau I rents and profits from the Premises and any improvements thereon, and authorizes the : - eticiary to : • .r u • • and take possession of such Premises and improvements, to rent same et any reasonable rate of t, a aft: deducting from such rents the coat of letting end collection, to apply the remainder of the •. • t a: ere. y. If the Premises or any pert thereof shell be taken by condemnation or settlement In Ile ther: • •ro•=eds from such condemnation are hereby assigned to the Beneficiary and Beneficiary may sp. su con. : nation proceeds or proceeds in settlement of any condemnation to the Indebtedness due or to th- eco • : the improvements upon the Premises. 0 This instrument shall constitute a Security Agree -• t und - 1• • • • rm Commercial Code of the State of North Carolina and Beneficiary in exercising its rights hereun• _, : - rights and remedies provided to a secured party under the laws of the State of North Carolina, i • mg : ght to sell any security property separate from the land. If the Premises or any part thereof of Interest therein is sold, asslg -d, t • st' -d or otherwise alienated by Grantor, whether voluntarily, Involuntarily or by operation of law wi ou. t• • pit. written consent of the Beneficiary, the Beneficiary may declare the Obligation secured hereby a ; oth o• 't = ions hereunder to be forthwith due and payable. Any change In the legal or equitable title •f - emi i- •r In the beneficial ownership of the Premises, Including the sale, conveyance or disposition of a •rit ' t est n the Grantor if a corporation, limited liability company, limited partnership or partnership, whet •r .•: of r:`. • or whether or not for consideration, shall be deemed a transfer of an interest in the Premises. • wit : a •ing the foregoing, the following shall not be deemed a transfer of an interest in the Premises: (a) the .ati• of lien or other encumbrance subordinate to the lien of this Deed of Trust which does not retat to - r : sr • rights of occupancy; (b) a transfer of devise, descent, or operation of law on the death of s joi • e : nt oqrtt$�ne t by the entirety; (c) the grant of a leasehold interest of three (3) years or lees. not involving an opt •n • • itc h : : :; (di a transfer where the spouse or children of the Grantor become the owner of the Premises; (e a : - :fe r:-.1 tins from a decree of a dissolution of a marriage, legal separation agreement, or from an • c •e : pr•,- settlement agreement by which the spouse of the Grantor is and remains a beneficiary and . ich • • :-- • t relate to a transfer of rights of occupancy in the Premises. Page 4 of 6 Pages 11, Reference No. T = rrevocable power to appoint a substitute trustee is hereby expressly granted to the beneficiary or any olde • Obligation, which power may be exercised at any time without notice and without specifying any • . o r by the filing of an instrument of appointment in the office where this instrument is recorded, w eye ubsthute trustee shall succeed to all rights, powers and duties of the Trustee hereunder. of the • Ilateral securing the Obligation is the principal dwelling of the Grantor, then notwl s .1;,�Qt m y : !regient of the Grantor or Obligor to the contrary, this Deed of Trust will not secure any indebted =,, t r o or Obligor to the Beneficiary Incurred for personal, family or household purposes as op: to e :'r commercial or agricultural purposes) other than the Obligation, and the covenants a • : rr: , : en s. h In this Deed of Trust as they may be hereafter amended, modified, extended or re. = ed 0 This Deed • T •.t i eliv d in and shall be constructed under the internal laws and judicial decisions of the State of North C in • the extent the same may be applicable, the laws of the United States. In any litigation in Conn - o ' or to a • ce this Deed of Trust against any person, including, but not limited to, any Grantor, each such per : • ' ev • slily con • , nts to and confers personal jurisdiction on the courts of the State of North Carolina or t nit -t located in the State of North Carolina, and expressly waives any objections as to venu . in en - co and agrees that service of process may be made on each such person by mailing a copy of - - • o -nd complaint to them by registered or certified mall, return receipt requested. Nothing contained he.- n sr : , h we .r, prevent the beneficiary or any other holder of the Obligation from bringing any action or exera-' • _ hin any other state or jurisdiction or from obtaining personal jurisdiction by any other means avail . •1a,by.@• - lc • e I IN WITNESS WHEREOF, the Grantor has hereun set 's h and seal, or if corporate, has caused this instrument to be signed in Its corporate name by Its ly a • • ed fficers and Its seal to be hereunto affixed by authority of its Board of Directors or If part rshl• • • ed tnership, by its general par-marls) or If limited (lability company by its managerial or memb (sl, ay d year first above written. (SEAL) - (SEAL) ' s 110 e %mo company SETH L BALLANCE /! _ Imo.' (SEAL) (SEAL) •r. • y x • : LANCE (aka H.. leg ji 1� ) at,b � C$ (SEAL/ B (SEAL) MARY L WEAL) By: (SEAL) NIM aFCorpor tlon — BY: *EAU By: B OM) Title Page 6 of 6 Pages Reference No. AT ON CA ROLINA , Harnett COUNTY e to Public of the County and state aforesaid, certify that� �� L. liallare, Hammy LS* Benartie (aka H. Leff Pellai� - anrptl?so Ily appeared before me this day and acknowledged the due execution of the foregoing Deed of Theft. Wi • y h: • and notarial stamp or seal this 1st day of M , 2lT . 0 vvv ,,V14.01,t¢'r Notary Public (Notary - :aU )fi:ke]le T. Gass My Commission Expires: 10- 21_2 pH[rUij STATE OF NORTH I s ° COUNTY 1, , a Notary Public of said County and State, certify that Z? personally came before me this day and acknowled.ed 7'• �, � Q. of corporation /association, an• the 4i : ! • T^' • , being authorized to do so, executing the foregoing on be i' : ion /esaociation. WITNESS my hand and official 5.. i : : day of , / r Notary Public (Notary Seal) y Commission Expires: STATE OF NORTH CAROLINA, / C LINTY I, a Notary Public of said County and State, do hereb c at personally appeared before me this day and acknowledg d t ue ecution of the foregoing Instrument for and on behalf of the Grantor /Debtor. Witness my hand and notarial stamp or seal this de of . Notary Public (Notary Seel) My Commission Expires: C _ STATE OF NORTH CAROLINA, COUNTY The foregoing certificate of a Notary Public of County, North Caroline Is certified to be c• = .r. Thi day of Register of Deeds SO le Page 6 of 6 Peas 0 OF NORTH CAROLINA • s , OF tfltt. - u nt . _, iii a Notary Public of the County and S : - ft • •, . : Mary L.: nee, Grantor, personally appeared before me this day . • • - • • . execution of the foregoing Deed of Trust. A . s .. h: , • : :• 'al stamp or seal this 1" day of May, 2008. g 1 7"P% Public � . :���� ?�1�'! i �� 9 VP 4,0 Tp� My Commission * 0 ! 0. 4 coos S 6.7 0 0 CY Q 1 0 1 • $ I r 0 EXEMPT A LEGAL DESCRIPTION -" Il Lot 53, Gwen Oaks Subdivision, as shown in Map # 2007, Pages I ! 1 - i i i j tt County Registry. t Pia COO Abirn site executed my • _.... i cattainol h rr n to the oont , , this irstrurent (°7)) se�mee a Pbte e�aearts3 b,• _: :. i�'T Ie� ee]]tene art "x* 6 C V\ CV c0 00 r i 0 _-;-- 7 .. ;" k► p "fi a n9 � • se u 1 t. y ■ a� ti > , 1 t 1 �� ti _, • l e 0 ,',..A'p ciao ., I : ERLY S. HARGROVE - E c' E - 4 DEEDS, HARNETT '05 e • a ik LIUS HARNETT BLVD OITE 200 N, C 27546 ....«.... ..w. .....«. .. .................... , y d,,,. ... .« . «w....«.,...».......•••••••«.. Filed For Registration: 051011 . _ • :d0 Book: RE P : 251 -309 Document No.: 2008007259 DT /AGREE 9 Recorder: ANGELA J BYRD ` r State of North Carolina, County of Harnett KIMBERLY 8. HARGROVE , REGISTER OF DEEDS 0 v DO NOT DISCARD t--, *2008007259* 2008007259 410:,