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LAND USE r i Initial Application Date: 1 — V / Application # / 9 50 2 OO / 0 CU# COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION Central Permitting 108 E. Fro /J nt Strreeet, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) � 899 � 3 -2793 wwww.ham /permits LANDOWAER: 1/ L s /C/h C /a i( `t Mailing Address: 2)6 1 /tfrl l ei k U2lV7- / ` • � City: l J / 4,,!�OGt 1 State: /V r (zip: �7 /11)Contact# e l/6 1 177 - LS6Z_ Email: 1 APPLIC NT': (S7�' \ L�1/ gt7Nl`�X71'1 T Mailing Address: 1 i 5 7f /Q0iSl S/ • City: .4 u1 '['tiLuI:LI / rt. Stale:if I Z1 O)l Contact # p 571-25 Email: 'Please fill oil applicant information if different than landowner ( ���I I n -�-1 CONTACT NAME APPLYING IN OFFICE: U7 ^/1-C C, ` Pmoo IV 151/1. C3 1 6 Phone # , / / - Z� ? - / PROPERTY LOCATION: Subdivision: 410 4t�� / /0.5 Lot #: ,Se Lot Size: • J b State Road # State Road Name: 7 1.9 , Map Book&Page: 2007 /00.5- PaParcel: 0 II n o 5 c1 ` ^7 0°' / -4. ' 3 PIN: D5-36 ,/ - lo- '7440 , an D Zoning:I // �� , Flood Zone: Watershed:_i14- Deed Book &Page:tt25 9' / 0 2- p Power Company: / flfr y New structures with Progress Energy as service provider need to supply premise number } till Progress Energy. SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: 7 91€t ({ c'�'`, ,ninifi 3 1 1 ti Lf7l /)lib 5i4b 'I liarh n WI Tac r i LI4 DeV4 PROPOSED USE: �J Monolithic ❑ SFD: (Size 1, x.5 Bedrooms:3 # Bathsl�i_Basement(wlwo bath):_ Garage: "'Deck: Crawl Space: �ab:_ Slab:_ (Is the bonus room finished? ( ) yes ( )no w/ a closet? (J yes ( )no (if yes add In with # bedrooms) ❑ Mod: (Size _x ) # Bedrooms_ # Baths_ Basement (w/wo bath)_ Garage:_ Site Built Deck:_ On Frame_ Off Frame_ (Is the second floor finished? (J yes Lino Any other site built additions? (J yes Lino ❑ 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? (J yes Lino Water Supply: f•Z Cyunty _ 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? ( ) yes Lino Structures (existing or proposed): Single family dwellings: Manufactured Homes: Other (specify): Required Residential Property Line Setba Comments: Front Minimum 2 Actual • Rear 2 r!� r Closest Side /. / . Sidestreetkorner lot Nearest Building on same lot If permits are granted I a9 a to conform o all • l ; s and laws of the State of North Carolina regulating such work and the specifications of plans submitted. I hereby state that forego' tatemen are a- . ��� ail.; and correct to the best of my knowledge. Permit subject to revocation if false information is provided. 1 O �gneture of Owner or Owner's Agent a This application expires 6 months from the Initial date if permits have not bean issued" A RECORDED SURVEY MAP, RECORDED DEED (OR OFFER TO PURCHASE) AND PLAT ARE REQUIRED WHEN APPLYING FOR LAND USE APPUCATION Residential Land Use Application Page 1 of 1 07/10 PRELIMINARY PLAT NOT FOR RECORDATION, SALES OR CONVEYANCES. D OS ns - DIMING 1. THIS PLAN IS FOR LOCATION PURPOSES ONLY. its - caa IRON y BUILDER SHOULD VERIFY ATION P ION SES ON DON ® mrtv av NMTH PLANS BEFORE CONSTRUCTION BEMNS. 6Fm BOOM 2. PROPERTY SUBJECT TO EASEMENT AND COVENANTS P S - PUT Buda ,NO ee PROPER R TY uta OF RECORD NO mu SEARCH PERFORMED. (N, ,/�. _ _ 3. ALL DISTANCES ARE MEASURED IN FEET. AMPERE ,�p5� 2V Y sirs `K SF1'T £A w 8010 (Not b e) MARIO09-1066 RESERVED BY OWNER ' EIS / \ 3 123. N 07•43'0 7 ' W \ EIS (.4 @CE1 00 —0.36 AC. • I� 135' BY COORDINATE o f COMPUTATION 1 w ( 26.5' M - (59 3 I C0 a M \ / PROP. G% \ / I HOUSE Ln I n 1 O1 17,0' I rn z I � r— 41.� 23A'" — — 41.1' ..� c7 \ n m 10' UTILITY EIS -0 EIS O EASEMENT SOO'08'17 "W 122.30' HONOR LANE 50' R/W GRAPHIC SCALE -40 0 20 40 BO -SITE PLAN FOR- = - CHRIS MANNING C WEN OAKS SUBDIVISION ( W FEET ) .skA 04?a 0 •,, MAP #2007-1005 1 inch = 40 H- ` 'o fi. • • Ip y . 4 ' ', Norm Carolina 4 •' P Y • 4. : arMrtlond County I. Cathy L Autos certify that this plat aee drawn ardor my ANDERSON CREEK TWP = SEAL = supervision from on Wad any mach under my cope de sq HARNETT COUNTY L - 3796 esvor��a nomab „ �P pa10o07 -t aro, Inert me nrtb a1 - d MsWerl� " as cdalot I by la b do a d drpaturn meet a exceeds NORTH CAROLINA : gg pg/O4/7 - + t d aao0. ma y amauon 6r hwndaln not YI surveyed an rm c.d, tr dnen ot ee ul tr a lien Ilines 14 Oam M NuM Eodu n mop wa SCALE = 1' = 40' ' ala+E^'•'. ,` NOT Mined b accordance MN a an 6. 47 -30 as MEMOS. JUNE 4, 2010 ' •,nyY L. i';„.••'‘ Witness my ltaM accordance oM aalkid seal ma 4m day of Duna An., 2010, CATHY L. AUTRY, PLS 3796" 3946 A SUNNYSIDE SCHOOL ROAD fm A FAYETTEVILLE, NC 28312 Cathy L � t as L_ 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 1S 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 # 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 recordinq 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 desiV system type(s): can be ranked in order of preference, must choose one. (_I Accepted {_} Innovative (_l Conventional Any 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 (X NO Does the site contain any Jurisdictional Wetlands? {_}YES NO NO Do you plan to have an irrieation system now or in the future? (_) ( NO Does or will the building contain any drain;<? Please explain. I_IYFS X NO Are there any existing wells, springs, waterlines or Wastewater Systems on this property? (_ }YES (ANO Is any wastewater going to be generated on the site other than domestic sewage? (_}YES (X) NO Is the site subject to approval by any other Public Agency? (_) YES (4) NO Are there any easements or Right of Ways on this property? {_ }YES ((} 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 Omcials Are Granted Right Of Entry To Conduct Necessary Inspections To Determine Compliance With Applicable Laws And Rules. 1 Understand That I Am ly Responsible For The Proper Identification And Labeling Of All Property Lines And Corners And Making The ite Access) le So A Complete Site Evaluation Can Be Performed. a�i} t-' c PROP OWNERS OR OWNERS LEGAL REPRESENTATIVE SIGNATURE (REQUIRED) A s U 5/08 rOp r alf0e Art 8X:T58q Y Ace, PA 169-fi FEE:, 88 L 1ST 3 X817261 li • TRUST AND SECURITY AGREEMENT (COLLATERAL'S OR INCLUDES FIXTURES) 1 01 This Instrument Prepared by ST - -• Qms Reference No. W fi ) After Record' • Mali to: Borrower(s): SETH L HAI,I,ANCE First Bank _a :r: :Y LEIGH BALLANCE 1000 S Main St 1111110. ' '' ICK DRIVE n GH NC 27615 Lillin•ton NC 27546 rill Date: 5/03/2008 GRANTOR STEE BENEFICIARY SETH L BALLANCE, UNMARRIED HENRY LEIGH BALLANCEPAND SPOUSE $ EN •1,1, .9. : First Bank MARY L BALLANCE 8 H ' STE B1 1000 S Main St 2209 HAMRICK DR trig'. 27 Lillington NC 27546 RALEIGH NC 27615 * (aka H. Leigh %Dame) /�} The designation Grantor, trustee, and Beneficiary as u. -: • lam • shall 1 • ude said parties, their heirs, successors, and assigns, and shall include singular, plural, meeculi - e o- - r :e required by context. Obligor means any parson or entity who is a maker of, or who Is obligated n • : the • • II. lion (defined below). WITHESSETH, that whereas the Grantor has agreed to execute and dells: thl: • e: • of • rust to secure the repayment of the principal sum of ONE HUNDRED FORTY SIX THOUSAND THREE HUNDRED AND NO /100 1,431::($ 146300.001 as evidenced by ❑ e promissory note executed in favor of the Beneficiary by t : G t::. , omissory note executed in favor of the Beneficiary by SETH L BALLANCB AND HENRY LEIa . y: , or ❑a guaranty agreement executed by .or ❑ the following evidence of indebtedness: (the "Obligation') of even date herewith or dated , and all future o•' ' : one, ex' renewals and replacements thereof, the terms of which are incorporated herein by refer :nc h r:: ent requires that all indebtedness thereunder, if not sooner paid, shall be due and payable In ful o a 0 /0; unless modified, extended, renewed or replaced. The maturity date of the Obligatio ma 'rr• •di :d, extended, renewed or replaced by written agreement between the Obligor and the Beneficiary, • • i.: • t e such extension may not exceed fifteen (15) years beyond the original maturity date if this is A•.:.:.• •f rue • given to secure Future Advances. Rego t o/ 6 pages dtandsa..! 2/03 Reference No. • • , REFORE, in consideration of the premises, and as security for the payment of all sums due under the Oblit : o•, •= renewed, extended or modified, Including attorneys fees and advancements or other sums due : e • •er ereunder, and for other valuable consideration, the receipt of which is hereby acknowledged, the t : tor • :: b:. tained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant :.•d o :y t• a Trustee, with Power of Sale upon the terms and conditions contained herein, the parcel(s) of land ng i• .• •s-. Township, HARNERT County, North Carolina (the "Premises "). perti.ul: y .ascribed :s follows: SEE IT 'A' ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE FOR A 0 .• OF THE REAI. PROPERTY HERBY CONVEYED. THE REAL PROPERTY • • THE , GRIN=• • EXHIBIT "A" ATTACHED HERETO IS HEREBY INCORPORATED HEREIN BY R - • E TO THE SAME EXTENT AS F SET FORTH HEREIN IN ITS ENTIRETY. Together • ith • ea -: en - a and development rights, all permits, royalties, mineral, timber, oil, gas rights and profits, wa - righ . and Stock, privileges, tenements, hereditaments and appurtenances thereunto belonging, and all • Ildi :•:, 1 : sting, cooling, air conditioning, ventilating, plumbing, power, lighting, fire prevention, recur' -, ip • vators, carpeting, floor covering, paneling, drapes, cabinets, shrubbery end plants and Improveme • . : - • hereafter located thereon, all building materials and supplies at any time delivered to or place• : : • , and an and all equipment and property of Grantor of every kind now or hereafter located thereon, heroine er et: ed • a: " Prem that Grantor further conveys as security for the trust herein and all right, title and inter : :t o Gran • in : . and lying in public streets or roads abutting the above described property, all rents revenue- :nd p oflt - Premises, all proceeds of insurance, all condemnation awards or settlements in lieu thereof, • . • • a t es for a temporary taking and all products and proceeds of the foregoing. TO HAVE AND TO HOLD said. - ret • • • - r - • all privileges and appurtenances thereunto belonging, incident or appertaining thereto, to t trasiee , s • -Irs, : •ccessors and assigns forever, upon the trusts, terms and conditions, and for the uses and p po: - : : sin: described. And the said Grantor covenants with the said Trustee that he is seized of the said • • -:e. i :, has the right to convey the same in fee simple, that title to the Premises is marketable and free from .11 e• umbrances, : • • at he will warrant and defend the title to the Premises against the /awful claims of all per: •ns whomeeo / : :er, ex •-:.t for the exceptions hereinafter stated, to Wt: L� {x• (Marked if applicable.) This Deed of Trust is given ho p : rtially to secure future obligations which may be Incurred hereunder. The amount of present advanc:.. o int secured hereby is S. 25,8W. and the maximum amount, including present and future edv:nc=. whl• I.: be secured hereby at any one time is S 146,300.00 . The period within which such future - • : - ay b: made is between the date hereof and 5/01 /2009 , but not more than fifteen 115) years from •-:te - :r:-•f. here is no requirement that there be any written instrument evidencing an advance secured by this a:: of :t. This paragraph is intended to conform with the provisions of N.C.G.S. 45-67, et seq. If the Obligor shell pay the Obligation secured hereby in accordan • - w , • er s, together with Interest thereon, all renewals and extensions thereof, and all other sums secured •ere. an. ' :ntor shall comply with all terms and conditions of this Deed of Trust, then this conveyance she v. '• :...: •y be canceled at the request and expense of Grantor. It, however, (1) there shall be any default in - - men o • y sums due under the obligation, this Deed of Trust or any other instrument securing payment of t• : ob to =n, o (i1) If there shell be default in any other obligation or other instrument securing payment of the O • !0' • n, o iii) i there shall be a default in the obligations of grantor or Obligor under the terms of any other loan fro • : : i ': ry, r default under the terms of any Instrument secured by a lien to which this Deed of Trust Is sub: di. - e, • - it Obligor or Grantor shall file a petition in bankruptcy or reorganization or shall have a petition f i l e . : ! . . oblige • r Grantor which is not dismissed within forty five (451 days or if the assets of Obligor or Grantor a : a:.igne t e benefit of creditors or are seized by execution or judicial process, then and without further notic: it I t : duty of the Trustee, upon request of the Beneficiary, to sell the Premises at public auction to the • h: - •I• • : •r ash after having first complied with all with all applicable requirements of North Caroline law • re: •ect • - e exercise of powers of sale contained in deeds of trust, and upon such sale the Trustee shall c. - ey e o the Page 2 of 6 Pages ler Reference No. pure • .^ or i t '' full and ample manner as the Trustee is empowered. The Trustee is hereby authorized to retain • etto • : to represent him in any foreclosure proceedings. The proceeds of any foreclosure sale shall be app': • • , e Trustee to pay his commission and reasonable attorneys fees Incurred In the proceeding, to the 0: - including but not limited to taxes, assessments, recording costs, service tees and incidental • •ra: d the to the amount due on the Obligation hereby secured and all other sums expended by the :-.11 ici • • : uant to the terms hereof and other instruments, or as otherwise permitted by law. The Trus : -:' - le on • • five percent (6 %) of the gross proceeds of the sale. If foreclosure Is commenced but not corn. ,d,G : • • ahal pay all coats incurred by the Trustee, including reasonable attorneys fees, and a penis' •• ..mi::'. •••mpu • n five percent (5 %) of the outstanding indebtedness in accordance with the fallowing achedu 1/4 •,: r: • • : • e the Trustee Issues a notice of hearing on the right to foreclose; 1/2 thereof after issuance ,• : - noti -- • - f after such hearing; and the full commission after the Initial sale. The Grantor co : - a • -gr. • To keep all improvements on the Premises constantly insured for the benefit of the Beneficiary a nn: • :3 • fire and other casualties, and through such underwriters and for such amounts as may be eatisfactory • ; : : - ; I : . . All such Insurance policies shall contain a mortgagee clause acceptable to Bank which shall pro ':: itt: • ti.: to Bank not less that thirty(30) days prior to any termination, extension or modification of any ineu an. y. Gra hall purchase such Insurance, pay all premiums, and deliver to the Beneficiary a ca of a • a. Idence that the premiums have been paid. In the event of loss Grantor shall give prompt n• '_ : once carrier end Beneficiary. Beneficiary may make proof of loss if not made promptly by Grantor. Al • • .::A:s : 1 any such Insurance shall at the sole option of the Beneficiary be applied to the Obligation h= . • : . r: • or • the repair or reconstruction of any Improvements upon the Premises. Grantor also covenants : • agr :t will ::p the Premises in as good order, repair and condition es they are now, reasonable weer an to a :pt:.: : co • mit or permit waste; comply whh all governmental requirements (including environment:. - s a • : • + atl • , . respecting the Premises or their use; pay all taxes, assessments and charges lawfully lend: • ..a • the • : Ises within days after the same shall become due ; end that the Premises will not be transferr: • ith • • the consen • f the Beneficiary. Grantor further agrees that in the event any suit or proceedings shall be • .ght against • : Tru. ee or Beneficiary or if any suit or proceeding shall be brought which may affect the value or title to • : -reml::•:, • rantor shall defend, indemnify and hold the Trustee and/or Beneficiary harmless from any loss, c• - , da • ..: •• e pense and shall reimburse the Trustee end/ or Beneficiary for any attorneys fees incurred. In t : ev: -- • uat s is named as a party to any civil action as Trustee, the Trustee shell be entitled to employ att• •• : •, In •ding himself it he is a licensed attorney, to represent the Trust in said action, and the reason • - attorn: : :: •f the Trustee in such action shall be paid by the Grantor. Grantor represents, warrants and agrees that (a) no Haz •rdere, al (se Beneficiary defined) has been used or placed on the Premises in violation of any applicable nv • nm .: - s (as Beneficiary defined); (b) no notice has been received with regard to any Hazardous Mate • - Premier; (c) the Premises are presently in compliance with all Environmental laws; Id) no action, Investig: ion . r p •ce:ding is pending or, to Grantor's knowledge, threatened which seeks to enforce any right or reined ag in: c tr o or the Premises In violation of Environmental Law; (0 Grantor shall permit no release of Hazar• sus teri: o • or from the Premises ;(g) Grantor shall cause the Premises to comply with applicable Environ le : ow- I all licenses, permits and other governmental or regulatory actions necessary for the Premises to •• pl I En ronmental Laws shell be obtained and maintained and Grantor shall assure compliance therewith; : d ' r: •r -II give the Beneficiary prompt written notice if Grantor receives any notice with regard to Hazardous : er': on rom or affecting the Premises and shall conduct and complete all investigations and all cle - • • - •o - ec:: vary to remove, in accordance with applicable Environmental Laws, such Hazardous Material • •m a • em :.:. Grantor shall indemnify and hold harmless the Beneficiary from and against all losses, expen.... ' clu.' - •, w • hout limitation, attorney's fees, consultants and engineering fees) and claims of every kind s '.era. - or asserted against Beneficiary as a direct or indirect result of 01 the presence on or release from the - • Ise: • Hazardous Materiel , whether or not caused by Grantor, (ill the violation of any Environme al ap li , • le to the Premises, whether or not caused by Grantor, Oil) the failure by Grantor to comply fu 't t rma and provisions of this paragraph, or (iv) any warranty or representation made by Grantor in thi. • . a. h • false or untrue in any material respect. For purposes of the Deed of Trust, 'Hazardous Material' •ea - • • • .• on .•ted blphenyls, petroleum, flammable explosives, radioactive materials, asbestos, lead based paints, . • • gas • 0 mold and any hazardous, toxic or dangerous waste, substance or material defined as such in (or or p .o-: -: • 1 Page 3 of 6 Pages lilt Reference No. the - viro ental Laws or listed as such by the Environmental Protection Agency. "Environmental Laws" .:ns : y current or future governmental law, regulation or ruling applicable to environmental conditions on, und: o a• 'to the Premises including, without limitation, the Comprehensive Environmental Response, om• :neat'. d Liability Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act • • the :;: ater Act. Grantor's obligations under this paragraph shall survive a foreclosure of or exercise of .:r • sal under this Deed of Trust, a delivery of a deed in lieu of foreclosure, and a cancellation or ter ' : •o• • • • • of this Deed of Trutt. G an. • en and warrants that the funds used to purchase the Premises were not the proceeds of criminal rcn , the - pre 'sea have not bean used, In any manner or part, to commit, or to facilitate the commis: • of a ot• •on • , • - law; and that the Premises ere not otherwise subject to seizure or forfeiture under any ate e • ad :1 tor covenants and agrees that neither the Premises nor the proceeds of the Obligation wi be or is int. , ded to be used, In any manner or part, to commit, or to facilitate the commission of, : 101. • • n of a - +Grantor agrees to notify Beneficiary promptly of any pending or threatened legal action, pros • ng • m• :. t:: that could result in seizure or forfeiture of the Premises. All rights of the Bone 'e - ulative end no delay or forbearance by the Beneficiary in exercising any rights hereunder or mite • s: f•, • : • b law, shell operate as a waiver thereof or preclude the exercise thereof during the continuance of a y : • ch • :fa t or lri lie event of any subsequent default. If the Grantor shell fail to perform any covenant or o• ig= •. • co e•• : • n or in any other instrument given as additional security for payment of the Obligati° • : B. efic y may, but Is not obllgated to, make advances to pay Insurance premiums, taxes, assessments, : • • me f :. • other charges and to otherwise expend sumo to perform such covenants or obligations and to p :y: 'e • : ien : • security of the Deed of Trust, and all sums so advanced or expended shall be due from the Gr:nt r on • : •t: d •f the = :neficiary, and may by added to the principal of the Obligation. and if a° shall bear In- :.:a; • , re : • • Ided in the Obligation. Any insurance obtained by Beneficiary pursuant hereto may, at B: : clay o• • :ure only the Beneficiary and not the Grantor. Grantor assigns to the Beneficiary. t -nt of default ;11 rents and profits from the Premises and any Improvements thereon, and authorizes the eficiary to e • up • and take possession of such Premises and improvements, to rent same at any reasonable rate of r t, a • aft: deducting from such rents the cost of letting and collection, to apply the remainder of the • : • sec(� ere y. If the Premises or any pan thereof shall be taken by condemnation or settlement in li: they fr roc:: •e from such condemnation are hereby assigned to the Beneficiary and Beneficiary may app su = -• •nd: nation proceeds or proceeds in settlement of any condemnation to the Indebtedness due or to th. recon: - • f the improvements upon the Premises. This Instrument shall constitute e Security Agreem u •• - - • •• m Commercial Code of the State of North Carolina and Beneficiary in exercising its rights hereu • : in h: : rights and remedies provided to e secured party under the laws ot the State of North Carolina, I lu • • I.: r . ht to sell any security property separate from the lend. If the Premises or any part thereof or Interest therein Is sold, ass • •, tr. • 1: or otherwise alienated by Grantor, whether voluntarily, involuntarily or by operation of law wi out t .: ph. written consent of the Beneficiary, the Beneficiary may declare the Obligation secured hereby an ; ot : • • .: ono hereunder to be forthwith due and payable. Any change in the legal or equitable title •f e - emir •r in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a :' • rity ' est the Grantor if a corporation, limited liability company, limited partnership or partnership, whet : r • n • of r:.•• • or whether or not for consideration, shall be deemed a transfer of an interest In the Premises. • • lth: : • Ing he foregoing, the following shell not be deemed a transfer of an interest In the Premises: le) the .::ti•. • of ; lien or other encumbrance subordinate to the lien of thls Deed of Trust which does not relat: o a • rights of occupancy; lb) a transfer of devise, descant. or operation of law on the death of a jot • ... nt or-ten, , t by the entirety; lc) the grant of a leasehold Interest of three (3) years or leas not involving an mitt t• `: :; Id) a transfer where the spouse or children of the Grantor become the owner of the Premises; le afer e- • Ong from a decree of a dissolution of a marriage. legal separation agreement, or from en c •.: :1 •ro• rty settlement agreement by which the spouse of the Grantor Is and remains a beneficiary e • ich • • m relate to a transfer of rights of occupancy in the Premises. Pogo 4 of 6 Pages Reference No. rrevocable power to appoint a substitute trustee Is hereby expressly granted to the beneficiary or any • - Obligation, which power may be exercised at any time without notice and without specifying any . •n • et: • r by the filing of an instrument of appointment in the office where this instrument Is recorded, w .:. sup. • the : batitute trustee shall succeed to all rigMe, powers and duties of the Trustee hereunder. I : if the .•llateral securing the Obligation is the principal dwelling of the Grantor, then notwi at.' di • : y :ereement of the Grantor or Obligor to the contrary, this Deed of Trust will not secure any indebted ::: t : • or Obligor to the Beneficiary incurred for personal, family or household purposes (as opp• . :-'• to • sl :ss, commercial or agricultural purposes) other than the Obligation, and the covenants : • : r: ...amen 8: : th in this Deed of Trust as they may be hereafter amended, modified, extended or re. :ced This Deed is •eliv. and shall be constructed under the internal laws and judicial decisions of the State of Nort Ca • na : n • • the extent the same may be applicable, the laws of the United States. In any litigation in corm: io I or to a orce this Deed of Trust against any person, including, but not limited to, any Grantor, each such • :r .••n • : . :,• y con::nta to and confers personal jurisdiction on the courts of the State of North Carolina or t , nit -1: es • 1.$ located in the State of North Carolina, and expressly waives any objections as to vein : In an su • . i and agrees that service of process may be merle on each such person by mailing a copy of . - • : :rid complaint to them by registered or certified mall, return receipt requested. Nothing contained her , h . • : r, prevent the beneficiary or any other holder of the Obligation from bringing any action or exercl. • • hin any other state or jurisdiction or from obtaining personal jurisdiction by any other means avail.Ieoe. : lo: •le I IN WITNESS WHEREOF, the Grantor as hereu • set 's h: •d and seal, or if corporate, has caused this Instrument to be signed in its corporate name by its . ly a ed ifficers and its seal to be hereunto affixed by authority of its Board of Directors or if pan : ship •■ • :d • rtnerahip, by its general parmer(s) or if limited liability company by Its manager(s) or mem.:. (s), • r :. ay :, : year first above written. .q1/1 1�R_®L _.._... _ /a (SEAL) // (SEALI • time , T.. - ;rr ■s• •mPany SETH L BALLANCB op i f/ tr: ∎ r / / IBEAU Alli By: ISEAL) HENRY '': c d :. . 0 CE & H ��',i., . •r•8• Banat& bs.6•. ISE '" r� 7tL6l -- MAO B j . _ ._ MALI ira MARY L �E (SEAL) B ISFALI Mama a Corporation ... BY: 11111111112111a. MEAL) MIP BY: .... JO BY: EAU Title Page 3 of 6 Papas if Reference No. TE c ORTH CAROLINA. %nett COUNTY , a , •t: Public of the County and state aforesaid, certify that 1 third. ad try T tiatt ( q t � ret1 �.,) c ant. , p: so IIy appeared before this day an acknowledged the due execution of the foregoing Dead of T - . t. • - y : •d and notarial stamp or seal this 1st �� // day nn 0 ''J M)gy , 218 . ` /f/L ikeibi .• Notary Public (Notary ".al) M id elle T Goss , , ` �tttl Q et " %. My Commission Expires: 10 STATE OF NORTH. : I D COUNTY t , a Notary Public of said County and State, certify that • d � ��_��yyyy���� personally came before me this day and acknowled • ?� • • of • corporation/association, en. being authorized to do so, executiecuting ng the e foreegooing on be •oration/association. WITNESS my hand and official a: r day of C> Notary Public (Notary Seal) / y Commission Expires: 7 STATE OF NORTH CAROLINA. NTY I, a Notary Public of sold County and State, do hereb c t personally appeared before me this day and acknowledg. d t : e : utlon of the foregoing Instrument for and on behalf of the Grantor /Debtor. �� Witness my hand and notarial stamp or seal this ay�ot [__, �/ Notary Public (Notary Seep My Commission Expires: c STATE OF NORTH CAROLINA, COUNTY The foregoing certificate of e Notary Public of County, North Carolina is certified to be • - . Thl: 19. a day of Register of Deeds 41 0 Pegs 6 or 6 Pages ele OF NORTH CAROLINA OF V4Qke ` -1-0424 x On ra a Notary Public of the County and S ai - »- ' . • : Mary L. Badbnce, Grantor, personally appeared before me this day an: ackno -• : - • execution of the foregoing Deed of Tnist. . 4otarial stamp or seal this I day of May, 2008. _ . 7 � l N. -;r ` Public My Commission E : 9! it... Olt °`' --.. le s . ( PGEY P,f C> ♦MS , 1 9 1 4.. ! unr 0 � \ 110 efr EXHIBITS. LEGAL DESCRIPTION : a Lot 58, Gwen Oaks Subdivision, as shown in Map # 2007, Pages 11 1 i r,; :, n . County Registry. ile<> c4C <7077,0 I if irsbimait smuts a ?Note > =•u,_. ...r. ' L =:i . . - ati Haag t.e , pupate ally. 'A* 4 0 0 0 , - p�i�EZt co�,,yr >,, V 0On ` e astr o• 7, z_ 1 A ; r a , ,' 1 .1\ , .1+ 7 `f/ I� c 411. . ` 1 ` e d' 4. ii e -. RTN coo��` ,: _� BERLY S. HARGROVE c DEEDS, HARNEtT t Or�ELIUS HARNEtT BLVD ITE 200 u- ••N, C 27546 *MM••M•M *M* .y T ' MI �MaMA,.IM�MMMMMMMl11MYMiM�M∎ Flied For Regletratlon: 05101 ',Q. • 1 ; : , ' Book: RE P .:: 269 -277 Document No.: 2006007201 DTIAGREE 0P = •e- .00 Recorder: ANGELA J BYRD State of North Carolina, County of Harnett KIMBERLY S. HARGROVE , REGISTER OF DEEDS C DO NOT DISCARD 1111 9 *2008007261* 4 0 2008007261