Loading...
LAND USE Initial Application Date: 3 — fi Application # ° r 5 V CU# COUNTY OF HARNETT RESIDENTIAL LAND USE APPLICATION Central Permitting c. 108 E. Front Street, Lillington, NC 27546 Phone: (910) 893 -7525 Fax: (910) 893 -2793 , www.harnett.org /permits LANDOWNER: (Q' S.Se TS(tYr S Mpp� Mailing Address / � � O CAI �S ��.•�Q„1 V tOVJ City: $f to �. d1 State Zipp l55c ontact # Q lq • 9Q o • tRt I Email: Si _ APPLICANT': �Ouv SeetSnr1S � 1111' QQ(flS Mailing Address: 3 �.3ot YlSl7Y1 S�. t tc City: COS Lk State: Zip:235t3 Contact # (051"%b1 Em S)C'auSVO- US(5 kti 'Please fill out applicant Information d different than landowner u S` CQSanb%' ur_%ro - ones , c rrrt CONTACT NAME APPLYING IN OFFICE: h. Cal,& % L. � Fr11(1 Phone # t / 6 1 'FCQ1- a(o1S PROPERTY LOCATION: Subdivision: Crs...0)- klflit ^ t•S Lot It: Lot Size: State Road* n State Road Name: 4 4 h 1. Map Book&Page: / Parcel:Ts.,,,, 1 J� /In PIN: S53-to -<0 • est Zoning: food Zone: Watershed: 11/ - Deed Book&Page: I'•1<Aa /mot 9 i1 Power Company *: *New structures with Progress Energy as service provider need to ` supply premise number , from Progress Energy. SPECIFIC DIRECTIONS TO THE PROPERTY FROM LILLINGTON: CC I een �-4l A ■n ? L a ®N • Cosa. nn. Al W'W C)tCX lal t a • .r _ •_ •_ •• C --> CfrKlAkna 'x (12;) Sarrlp;per COY . —a 07 CJunkt No�.tow PROPOSED USE: Monolithic ❑ SFD: (Size x # Bedrooms: # Baths: Basement(w /wo bath): Garage: Deck: Crawl Space: Slab: Slab: (Is the bonus room finished? L j yes Lino w/ a closet? Li yes Lino (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? Li yes (ono Any other site built additions? Li 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/Accessory /Other. (Size i4 > (2 ) Use: SUYYr0.01'r> Closets in addition? ( ) yes ( )no Water Supply: _ County Existing Well New Well (# of dwellings using well )'MUST have operable water before final Sewage Supply: 'c New Septic Tank (Complete Checklist) Existing Septic Tank (Complete Checklist) X 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? U yes no Structures (existing or proposed): Single family dwellings: Manufactured Homes: - Other (specify): Required Residential Property Line Setbacks: Comments: Front Minimum r Actual 711 Rear 2 81 Closest Side !, Sidestreet/corner lot Nearest Building on same lot If permits are granted I agree to conform to all ordinances and laws of the State of North Carolina regulating such work and the specifications of plans submitted. l hereby state that foregoing stet ant es t� rate and correct to the best of my knowledge. Permit subject to revocation if false information is provided. I SS igna ure of Owner or Owner's Agent ate "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 07/10 kr TI 1 VICINITY MAP - M + su >K16.12.125 2oci QUAIL 1AOLLCw QUAIL HOLLOW SANFoao NG 21332 %./ fr k 1 SITE PLAN APPR °\ _�l L 71" � __ 5YT • z 6_____. USE DISTRICT A/ QUAIL HOLLOW �� #BEDROOMS NO SCALE 1 o zoning Inistrato na*e ✓ 9 CAROLINA WAY 1 i 100' PRIVATE RIGHT OF WAY a S 31 °28'14 "E 120.00' • 34, co 0.44 ACRES 19227.81 SO. FT 0 o EA n 1L _7. Iri qq ` 1758' .. JJ LLI 29.75 c _ ° w it a CAROUNA LAKES : �� z .. COMMON AREA BLOCK I •; 13 PC I SLIDE 80 DD s.. PROPOSED HOUSE a m o BLOCK I CAROLINA LAKES ' n CS-1685 PC 1 SLIDE 80 Z 2 N 0 g 24.5' a 27.58' d 51. I ' 24.42' 24.E NJ PROPOSED CONCRETE DRIVE & o WALK m to 25.1 0' • N 31 °28'14 "W C -1 • 3 V14, 444,4',-'4 1 1 4010 . �'llll !I lu i iii! til ii i Ilh 1�6 �.. . FOR rpn] or oezos 2 2°Y22; PA BK:261111�Pc::44228 -439 FEE:�4,00 A HEIR P R III�I r,i'n DEED OF TRUST - • • TERAL IS OR INCLUDES FIXTURES THIS DEED OF TAUS - C R' • • Cely LINE OF CREDIT GOVERNED BY THE PROVISIONS OF ARTICLE B • • F THE NORTH CAROUNA GENERAL STATUTES THE M I • • • • AMOUNT WHICH MAY BE SECURED AT • ';• TIM IS 866.000.00 Mil. 1 0 LAIN �%'' �� Record Lending Return uti • P.O. BOX 2690 _._.f.,. KARR%, TIMOTHY Chicago. IL 60690 This Deed of Trust prepared by: 3 & ( x (0957) THIS DEED OF TRUST is dated April 3, 2009. among 11 th and Suzanne Karrs, whose address is 209 Quell Hollow. Sanford, NC 27332 ("Grantor"); R: (U= • ), whose address Is Lending Service Center, P.O. Box 1220. Rocky Mount. NC 27802 (referred • belo : • - : es "Lender" and sometimes es "Benetidery"); and CB Services Corp., whose address Is 1 ' , h - re' Street. PO Box 1220 , Rocky Mount, NC 27802 ireferred to below as "Trustee "). CONVEYANCE AND GRANT. NOW, THEREFORE, as security lo the • - • . • . advancements end other sums expended by the Beneficiary pursuant to this Deed of Trust a • • 4. of • • e on (including attorneys' tees as provided in the Credit Agreement) and other valuable consid: ati• •, • . re• -ipt of which Is hereby acknowledged, Grantor has bargained, sold. given. granted and convey d e , sa: •y se presents bargain. sell, give. gram and convoy to Trustee, end Trustee's heirs or successors , • , gr , fo e benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the follow : d:. rib: • rea roperty. together with all existing or subsequently erected or affixed buildings, Improvements d f el ::cements, rights of way, and appurtenances; all water, water rights and ditch rights Iinciudin, .t. In litie. with ditch or irrigation rights >: and ell other rights, royalties, and profits relating to the re.' pn •e , in' uding without limitation all minerals, oil, gas, geothermal end similar matters, (the "Rear Property • , -.tad . •.a County. State of North Caroline: ��''`� See Exhibit A. which Is attached to this Deed of Trust and made a part of this Deed •1 stems If Ily set forth herein. The Real Property or its address le commonly known as 209 Quail Hollow, Sanford, NC 2 - . To have and to hold said Reel Property with all privileges and eppunenances thereunto • g DEED OF TRUST (Continued} Page 2 'ate- s h• rs, successors and assigns forever, upon the trusts, terms and conditions and for the uses •e „•re= arth. Gr:, for • , . t y : ; aline to Lender !also known as Beneficiary In this heed of Trust) all of Grantor's right, title, and • er.:stir t• all present and future leases of the Property and all Rents from the Property. In addition, Grantor •ratLe •e • - 'form Commercial Code security interest In the Personal Property and Rents. THIS D • OF INC + THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AN I ' ' ; • • • ' - - , IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMAN • • - E . H 0 • • ANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. 'r R .• TED • • • ENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I5 GIVEN AND ACCEPTED • , TN • 4 � , = TERMS: This Deed of Trust .. r ulty line of credit governed by the provisions of Article 9 of Chapter 45 of the North Carolina Gener - `. .6. 45 -81 et saq.l• Including all present and future advances of principal made thereunder and , n :res • • • •r suns payable In connection therewith. Fuwre advances may be made at any time betwee the dat: of his �^°^°C- of Trust and that date which shell be equal to, but not more then, thirty (3D) years • -' •n• . e • • tq)e'Deed of Trust. Spedflcally. without limitation, this Deed of Trust secures a revolving fln: obligates Lender to make advances to Grantor so long as Grantor complies with all the terms of *ft • . : • ent and the Related Documents. The principal amount of the Credit Agreement may be born• : , • -•e • e • reborrowed from time to time, as provided In the Credit Agreement, provided that the ma , um • r el , mou r of obligations outstanding at any one time shall not exceed the maximum amount eat 10 , QS :. PAYMENT AND PERFORMANCE. Ex ;pt • er provided In this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Dee. •f ' ust - - they beco : due, and shall strictly end in a timely manner perform all of Grantors obligations un•:r - a Credit A. :nt, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPE = r sg ees that Grantor's possession and use of the Property shall be governed by the following p •visi• Posseaelon and Use. Until the occurrence of a Event of • :f: It, Grantor may (1) remain in possession and control of the Property; (2) use, operate or e Prop ty; and 13) collect the Rents from the Property. Duty to Melntaln. Grantor shall maintain the Property in dition end promptly perform all repairs, replacements, and maintenance necessary to preserve It: valu: Compliance With Environmental Laws. Grantor represents a•d =rra is o Lender that: (1) During the period of Grantor's ownership of the Property, there has be n • se, • ation, manufacture, storage, treatment, disposal, release or threatened release of any Hez: •ous Su•: enc. by any person on, under, about or from the Property; (2) Grantor has no knowledge of, • r: 4:on • breve that there has been, except as previously disclosed to and acknowledged by Lender In riti •, - a breach or violation of any Environmental Laws, (b) any use, generation, manufacture, ;•ore• :, tr • disposal, release or threatened release of any Hazardous Substance on, under, about or he t : • •e • • any prior owners or occupants of the Property, or (c) any actual or threatened litigation • c s � • • ny ; nd by any person relating to such matters; and (3) Except as previously disclosed to ; d - 'l •wle• :: • by Lender In writing, la) neither Grantor nor any tenant, contractor, agent or other auth•ri us: • the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezardou: S •st e • , under, about or from the Property; and (bl any such activity shall be conducted in co • ;rice • • ; .pplicab)e federal, state, and local laws, regulations and ordinances, Including without li •i , a- all ir• mental Laws. Grantor authorizes Lender and its agents to enter upon the Property to me e - uc• i chins and tests, at Grantor's expense, as Lender may deem appropriate to determine complianc• o - o, n with this section of the Deed of Trust. Any Inspections or teats made by Lender shall be f• Le • • : rp.•:es only and shall not be construed to create any responsibility or liability on the part of Le • : • t. ant • or any other person. The representations and warranties contained herein are based o Or:- •r' - du. Cs7 ' 161111111 . DEED OF TRUST (Continued) Page 3 dill.. e i investigating the Property for Hazardous Substances. Grantor hereby (1} releases and waives tur claims against Lender for Indemnity or contribution in the event Grantor becomes liable tor an • r costs under any such laws; end (21 agrees to Indemnify, defend, and hold harmless e. •e against y and all claims, losses, liabilities, damages, penalties. and expenses which Lender may • ire ly re ly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a con q .•: o - us: generation, manufacture, storage, disposal, release or threatened release occ ing pri t• Gra - 1 . •wnership or interest In the Property, whether or not the same wos or should have beau n The provisions of this section of the Deed of Trust, Including the obligation to indem• • •'fend, eh. _1 survive the payment of the Indebtedness and the satisfaction and reconveya • of • - lien •_ •,ialleed of Trust and shall not be affected by Lender's acquisition of any interest in the r oper • - foreclosure or otherwise. Nuisance, Wes all not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of : - •n o • the Property or any portion of the Property. Without limiting the generality of the f• g, c : to will not remove, or grant to any other party the right to remove, any timber, minerals (inclu:in! oil d :as) I, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of improvemen • • I not demolish or remove any improvements From the Real Property without Lender's prior writt. • •:en A. : condition to the removal of any Improvements, Lender may require Grantor to make : - • • •- se sfactory to Lender to replace such Improvements with improvements of at laaat equal slugr Lender's Right to Enter. Lender : • • Len.. _ .'•err , :nd representatives may enter upon the Real Property at all reasonable times to attend -n• s I. 'rests and to inspect the Real Property for purposea of Grantor's compliance with the terms : • + co • tions of this s : -d of Trust. Compliance with Governmental Require ants. Gra •r shall 'romptry comply with all laws, ordinances, and regulations, now or hereafter. in effect, o II nmr tal authorities applicable to the use or occupancy of the Property. Grantor may co ::t in ; • •.• th :ny such law, ordinance, or regulation and withhold compliance during any proceeding, alu. •rop :te appeals, so long as Grantor has notified Lender In writing prior to doing so and so I • • • as, In - der's sole opinion, Lender's interests In the Property are not jeopardized. Lender may requ . • to p• . t adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's 1 er Duty to Protect. Grantor agrees Walther to abandon o re net .nded the Property. Grantor shall do all other acts, In addition to those acts set forth above in sec • from the character and use of the Property are reasonably necessary to protect and preserve t e • op -- DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender': op ion, • c :r. immediately due and payable all sums secured by this Deed of Trust upon the sale ar transfer„ itho Le is • rlor written consent, of all or any pert of the Real Property, or any Interest in the Real Pr. • - . A :5 • or transfer" rneana the conveyance of Real Property or any right, title or Interest In the Rea `ro•:r wh -ther legal, beneficial or equitable: whether voluntary or involuntary; whether by outright sal; de-., in: . ...t sale contract, land contract, contract for deed, leasehold interest with a term greater than thr• - (3 e.:, le: option contract, or by sale, assignment, or transfer of any beneficial Interest in or to any . • ust •Idin� title to the Real Property, or by any other method of conveyance of an Interest in the Real Pro•ert ev his option shalt not be exercised by Lender if such exercise is prohibited by federal law or by N • "7' erol • • aw. TAXES AND LIENS. The following provisions relating to the taxes and liens on • - P • •er are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) ail ax: -, Ci p ci:. taxes, assessments, charges (including water and sewer), fines and Impositions levied ago s • o o a• o t of the Property, and shall pay when due all claims for work done on or for services :n.: at fal furnished to the Property. Grantor shall maintain the Property free of all liens having pn• ' • • •er or eq : to the interest of Lender under this Deed of Trust, except for the lien of taxes and asses- en - to du: d:77 • DEED OF TRUST (Continued) Pege 4 ex - • for he Existing Indebtedness referred to below, and except as otherwise provided in this Deed of ru: - tg • ont• . . Grantor may withhold payment of any tax, assessment, or claim in connection with a d alt •ut over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a le o is f : :: a result of nonpayment, Grantor shall within fifteen 1151 days after the lien arcs - o , a I s led, thin fifteen (151 days atter Grantor has notice of the filing, secure the discharge of th• : • •r ' requ:t -t: • • Lender, deposit with Lender cash or a sufficient corporate surety bond or other secu - 5:' : to ender in an amount sufficient to discharge the lien plus any coats and reasonabl- at • ney fees -sr charges that could accrue as a reault of a foreclosure or sale under the lien, In an co t. - • ' ' defend itself and Lender and shell satisfy any adverse Judgment before enforcement .r•aln: th- 'ro• - y. Grantor shall name Lender as an additional obligee under any surety bond furnished ' th- ont :. proceedings. Evidence of Pay n -ntor a :1I upon demand furnish to Lender satisfactory evidence of payment of the taxes or asaessme•ta • • :- all eutho'ze the appropriate governmental official to deliver to Lender at any time a written sta ':m: nt of • : to • assessments against the Property. Notice of Construction. c -n • sh notify Lender at least fifteen 115) days before any work is commenced, any services an um' e• • any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or •th: =• ••ul. •e asserted on account of the work, services, or materials. Grantor will upon request o nder q sh to Lender advance assurances satisfactory to Lender that Grantor can and will pay the co: o Qb Im. ov- PROPERTY DAMAGE INSURANCE. T - to • alone relating to Insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor procure an. sin :in policies of fire Insurance with standard extended coverage endorsements on a replace • •nt • . is or the full Insurable value covering all Improvements on the Real Property in an amouu suffi o a oid application of any coinsurance clause, and with a standard mortgagee clause in f:. or • • , t• : ether with such other hazard and liability Insurance as Lender may reasonably require. Poll shall •o written In form, amounts, coverages and basis reasonably acceptable to Lender and lsau • by : . • •• • - or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver o •:nde re time to time the policies or certificates of insurance In form satisfactory to Lender, including -tip s hat coverages will not be cancelled or diminished without at least ten 110) days prior writte n• to :nder. Each insurance policy also shall Include an endorsement providing that coverage in fay. of Le..: r •t be Impaired in any way by any act, omission or default of Grantor or any other person. • • d • : - 0- Property be located in an area designated by the Director of the Federal Emergency Manag• e• A• ne as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurnn•:, : ail:: : • thin 45 days after notice is given by Lender that the Property is located In a special floo• a d ea, •r the maximum amount of Grantor's credit One and the full unpaid principal balance of any pr • r ii - • : • • • e property securing the loan, up to the maximum policy limits set under the National Flood I =u e •ram, or as otherwise required by Lender, and to maintain such insurance for the term oft : • •n. Application of Proceeds. Grantor shall promptly notify Lender of an o: • or • • ag to the Property. Lender may make proof of loss if Grantor fails to do ao within fifteen 1151 'ay- • •- • ca-. •Ity. Whether or not Lender's security is Impaired, Lender may, at Lender's election, recely- -n- eta'• a p *coeds of any insurance and apply the proceeds to the reduction of the Indebtedness, pay •en .1 : y Ji. effecting the Property, or the restoration and repair of the Property. It Lender elects to eppl t .ro , • - estoration and repair, Grantor shall repair or replace the damaged or destroyed Improvemen• 1 . • :nneer�r se . factory to Lander. Lender shall. upon satisfactory proof of such expenditure, pay or ref • se r om the proceeds for the reasonable cost of repair or restoration If Grantor is not In defau t u :r his • .:d of Trust. Any proceeds which have not been disbursed within 180 days after their rece •1 a • y Le • er has not committed to the repair or restoration of the Property shall be used first to pay = a•- • nt ow • to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, < all • : : • plie• (C7 DEED OF TRUST . 01 SContinued) Page s to - pri ipal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the d : edn : s, such proceeds shall be paid to Grantor as Grantor's interests may appear. • .: w •• Existing indebtedness. During the period in which any Existing Indebtedness described • o Is • fe , compliance with the Insurance provisions contained in the instrument evidencing such Exi. n• te• ess • • . constitute compliance with the insurance provisions under this Deed of Trust, to the :xt: co •• ':n a wit the terms of this Deed of Trust would constitute a duplication of insurance requ - .1- • . :ny p • • :. • s from the insurance become payable on lost the provisions in this Deed of Trust for d' fan • ; • :eds all apply only to that portion of the proceeds not payable to the holder of the Existi .I . :bte• - ass. LENDER'S EXPEN II • R ' : • fails IA) to keep the Property free of all taxes, liens, security interests, encumbrances, a • •• e (Si to provide any required insurance on the Property, (Ci to make repairs to the Property or to c. t • obligation to maintain Existing Indebtedness in good standing as required below, then Lender • . If any ration or proceeding Is commenced that would materially affect Lender's Interests in the Props y, en a •er •n G r- , tor's behalf may, but is not required to, take any action that Lender believes to be ap• op ate •. • ot-• e, der's Interests. All expenses incurred or paid by Lender for such purposes will then be: r in a :at a - e charged under the Credit Agreement from the date incurred or paid by Lender to the date o Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A . a• h. o •errand; (B) be added to the balance of the Credit Agreement and be apportioned among and b: . • - . a -y installment payments to become due during either 11) the term of any applicable Insurance pa cy;r,a�+� t : re • •ing term of the Credit Agreement or (C) be treated as a balloon payment which will b: •Jeatrd p: •a• • at • : Credit Agreement's maturity. The Deed of Trust also will secure payment of these amo • ts. .. Olt- •rovided for In this paragraph shall be in addition to any other rights or any remedies to which L: • - ma •e entitled on account of any default. Any such action by Lender shall not be construed as curing e • : ault so as • 1 .' , r - Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following pr• •rslo ing o ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (el Grantor hold. goo. and • arketable title of record to the Property in fee simple, free and clear of all liens and encumb : • - :r the • those set forth In the Real Property description or in the Existing indebtedness section beto . or y t le insurance policy, title report, or final title opinion issued In favor of, and accepted by, Lender n: tion with this Deed of Trust, and (b) Grantor has the full right, power, and authority to exec to : • d: - • s Deed of Trust to Lender. Defense of Title. Subject to the exception In the paragra•• ab• - G : tor warrants and will forever defend the title to the Property against the lawful claims •f : pe :o -. In the event any action or proceeding is commenced that questions Grantor's tide or the Int- , -t o r � -e or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Gr:. o ay •: the nominal party in such proceeding, but Lender shall be entitled to participate in the pr• ::din. a • • be represented In the proceeding by counsel of Lender's own choice, and Grantor will del' er, .r • :use -• be delivered, to Lender such instruments as Lender may request from time to time to permit pa ' p: o Compliance With Laws. Grantor warrants that the Property and Gra • - se • the •roperty complies with all existing applicable laws, ordinances, and regulations of governme • al . • • les. Survival of Promisee. All promisee, agreements, and statements Grantor . - m: • : • this Deed of Trust shall survive the execution and delivery of this Dead of Trust, shall be continu • • n • :tun.. nd shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The fallowing provisions concerning Existing Indebtednes: ar. a afc3f s Deed of Trust: Existing Lien. The lien of this Deed of Trust securing the Indebtedness may be second: a roc • n existing lien. Grantor expressly covenants and agrees to pay, or see to the payment o the '-tin. d7 DEED OF TRUST (Continued) Page 6 in• • :dn::s and to prevent any default an such indebtedness, any default under the instruments : v• : ci such Indebtedness, or any default under any security documents for such indebtedness. o • - • • Grantor shall not enter Into any agreement with the holder of any mortgage, deed of is or • e security agreement which has priority over this Deed of Trust by which that agreement is mo • fl. en • : d : • : 'dad, or renewed without the prior written consent of Lender. Grantor shalt nelt•er - •ue or accep• any future advances under any such security agreement without the prior writt :- •• •t Le' +e. CONDEMNA • - e Dhow(• • ovlsions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. f a pr. : • , in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor a - p take such steps as may be necessary to defend the action and obtain the award, Grantor : • . o • at party In such proceeding, but Lender shall be entitled to participate in the proceeding an. o •e r:: - :e -ed In the proceeding by counsel of Its own choice, and Grantor will deliver or cause to b: de ere t. Le uch instruments and documentation as may be requested by Lender from time to ti •e •:rm s cipatlon. Application of Net Pro or any part of the Property Is condemned by eminent domain proceedings or by any pro 4000 • or a rc' se in lieu of condemnation, Lender may at its election require that all or any portion of - - • the award be applied to the indebtedness or the repair or restoration of the Property. T e rem seas o - - award shall mean the award after payment of all reasonable costs, expenses, a • httdfne f:. erred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CH • : r - r'' GOVERNM TAL AUTHORITIES. The following provisions relating to governmental taxes, fees and c • :s are a part . thi seed of Trust: Current Taxes. Fees and Charges. Upon requ - - by — • er, rantor shall execute such documents in addition to this Deed of Trust and take w , ever • her :cti•n is requested by Lender to perfect and continue Lender's lien on the Real Property. Gr. tar - all :imburse Lender for all taxes, as described below, together with all expenses Incurred i recordln• •erfecting or continuing this Deed of Trust, Including without limitation all taxes, fees, do •• - - stem and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which Is tactfon :•plies; Ill a apecific tax upon this type of Deed of Trust or upon all or any pan of the lndebte • ess - ; I • • • his Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to • , du „ o payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this - p- of • =e• of Trust chargeable against the Lender or the holder of the Credit Agreement; and (4) a • :: Iflc a . all or any portion of the Indebtedness or on payments of principal end interest made by an • r. Subsequent Taxes. If any tax to which this section applies Is ens - d s • s= • •en to the date of this Deed of Trust, this event shall have the same effect as an Event of Defau , a • en• : r exercise any or all of its available remedies for an Event of Defauh as provided below un 0 - • eR•,:r (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided a• • -e th .xe' and Liens section end deposits with Lender cash or a sufficient corporate surety bond •r • er :ecu satisfactory to Lender. SECURITY AGREEMENT: FINANCING STATEMENTS. The following provisions re : • g • thi. %eed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This Instrument shall constitute a Security Agreement t• t : e t remit an of the Property constitutes fixtures, and Lender shall have all of the rights of a secured p: y •e the U• form Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor ahall take whatever action is requests. 65;7 DEED OF TRUST (Continued) Page 7 Pee • an• continue Lender's security Interest in the Personal Property. In addition to recording this Deed . at the real property records, Lender may, at any time and without further authorization from ant• , ecuted counterparts, copies or reproductions of this Deed of Trust as a financing statement. • r- shall re burse Lender for all expenses Incurred In perfecting or continuing this security interest. po de :ult Gr ntor shall not remove, sever or detach the Personal Property from the Property. Upon def It G tor - arse • hie any Personal Property not affixed to the Property in a manner and at a place retie ably c lent c antor and Lender and make it available to Lender within three (31 days after receipt r' n • - Lender to the extent permitted by applicable law. Addresses • : m; • g a• • . ; s of Grantor (debtor) and Lender (secured party) from which information concerning e uri i a flt. anted by this Deed of Trust may be obtained (each es required by the Uniform Com erci- o• •- = stated on the first page of this Deed of Trust. FURTHER ASSURA C : • di Y -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a • : • a Dee • • t Trust: Further Assurances. • t y e an., time to time, upon request of Lender, Grantor will make, execute and deliver, o wi • -, se • • :, executed or delivered, to Lender or to Lender's designee, and when requested by Le • = Ca s o b- sled, recorded, milled, or rerecorded, as the cane may be, at such times and in such offices an, • ac :: a. - = •der may deem appropriate, any and all such mortgages, deeds of trust. security deeds, se• ri• • ant: financing statements, continuation statements, instruments of further assurance, certifice and • d• ume s as may, in the sole opinion of Lender, he necessary or desirable in order to effect ; _ ev plet :, p: e , continue, or preserve (11 Grantor's obligations under the Credit Agreement, th : 'eed • •st, : •• the Related Documents, and 121 the liens and security interests created by this D::. • ust • the Property, whether now owned or hereafter acquired by Grantor. The lien of this Deed • ru. and the se ty Interest granted hereby will automatically attach, without further act, to all arta •wired proper • att. hed to and or used in the operation of the Property or any part thereof. Unless prohibited by or :nd: agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expense: ncur : • con action with the matters referred to in this paragraph. Attomey -In -Fact. If Grantor falls to do any of t - things ref ed to in the preceding paragraph, Lender may do so for and in the name of Grantor and at • - = xpen ::. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney- in -fa• fo p pose of making, executing, delivering, filing, recording, and doing all other things as may be ne- desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding par: tra. FULL PERFORMANCE. This conveyance by Grantor is made upon is : - -cis trust, that if Grantor pays all of the Indebtedness in full accordance with Its terms, terminate= the cr:.it ne account and performs and complies with all of the covenants, terms and conditions of this +e: T . Credit Agreement and the Related Documents, then this conveyance and the estate grants. .ere• - .11 c: -se, determine and become void, and this Deed of Trust may be cancelled of record by Beneficiary : the :q ; of Grantor; and in such event, Lender shall execute and deliver to Grantor auitable state :nts o er .tion of any financing statement on file evidencing Lender's security interest in the Rents and - :rao ty. EVENTS OF DEFAULT. Grantor will be in default under this Deed of Trust .11 .1 t. oil• IN happen: (A) Grantor commits fraud or makes a materiel misrepresentation at any tim- in • •n• - ctlo' with the Credit Agreement. This can include, fw example, a false statement about Grantor's i or. as It. •ilities, or any other aspects of Grantor's financial condition. (B1 Grantor does not meet the r: •a - e er - of the Credit Agreement. (CI Grantor's action or Inaction adversely affects the collateral or Lender': rig • collateral. This can Include, for example, failure to maintain required insurance, waste or destr ti : e of the welling, failure to pay taxes, death of all persons liable on the account. transfer of title or sale •f e g, reation of a senior lien on the dwelling without Lender's permission, foreclosure by the holder a o e lie , • the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of True , at rim- DEED OF TRUST (Continued) Page 8 • :reaf . Tru tee or Lender may exercise any one or more of the following rights end remedies: E : don • Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or og- •n :lection by Lender to choose any one remedy will not bar Lender from using any other —y. n. .r decides to spend money or to perform any of Grantor's obligations under this Deed of Tru , re tore . re to do so, that decision by Lender will not affect Lender's right to declare Gra for def .... a d to e .rcise Lender's remedies. Acoe • •te•n •er shall have the right at Its option without notice to Grantor to declare the entire Ind *tad .:s • medlatell due and payable. Express Po• et • .I- • • • tpn. }Upon the application or request of Lender, it shall be lawful for and the duty of the T •ste :nd a tee is hereby authorized and empowered, to expose to sale and to sell the Property at pu• a ion •r cash, after having first complied with all applicable requirements of North Caroline law with -sp - t e : arcise of powers of sale contained' in deeds of trust or such other sales appropriate under e rrc •- - an. -8; and upon any such sale, the Trustee shall convey title to the purchaser In fee simpl.. the =v- t o sale under this Deed of Trust by virtue of the exercise of the powers granted in thi: D • of suant to any order and any judicial proceeding or otherwise, the Property may be so • as • ret •r in separate parcels and in such manner or order as Lender in Its sole discretion may elect. T • to., - ; • - authorized to hold a sale pursuant to North Carolina General Statute Chapter 45. Upo a e -ale •f the Property, or any portion thereof, after deducting the Trustee's commission and a a payi ; :l ••ate : d expenses incurred in connection with such sale, including reasonable attorneys' fee leg- se ce actually performed by Trustee, Trustee shall apply the proceeds of the sale to the p; ••ent - deb :mess secured by this Deed of Trust and otherwise as required by the then existing law r- - g • for osurea. The Trustee's commission shall be a reasonable commission not to exceed five perce • % • the gross —coeds of the sale for a completed foreclosure. In the event foreclosure is commence• • • not oomph -d, t Grantor shall pay all expenses incurred by Trustee, Including reasonable attorneys' fees an• re : - one•le partial commission not exceeding Live percent 15 %) of the outstanding Indebtednes: n a • • -nce with the following schedule: one fourth thereof before Trustee issues a notice of hefting o• t t• oreclosure; one -half thereof after issuance of said notice; three - fourths thereof after su • he- ; an• the full commission after the initial sale. it Trustee so elects, Trustee may sell the Proper' cover:• • Deed of Trust at one or more separate sales in any manner permitted by applicable North ' c1 - Is , a • any exercise of the powers granted in this Deed of Trust shall not extinguish or exhaust s h , ntil the entire Property is sold or the Indebtedness is paid In full. If such Indebtedness I: n• , •r - reafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignment- of lea- - • • - security instruments, Lender may at its option exercise the remedies granted under any 0 ee ' agreements either concurrently or Independently and in such order as Lender may determine. Foreclosure. With respect to all or eny part of the Rest • •per th- ru.tee shall have the right to foreclose by notice and sale, end Lander shall have the right t• • : .se • u• iclai foreclosure, In either case in accordance with and to the full extent provided by applicabl: aw UCC Remedies. With respect to all or any pert of the Personal Prop= Lend: s. - •ave all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to t: a p•- : - - -Ion • and manage the Property and collect the Rents, Including amounts past due and unpaid, e • •ly • : net roceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this tgh : • •er • ay require any tenant or other user of the Property to make payments of rent or use fees dir: ti o L: : - the Rents are collected by Lender, then Grantor irrevocably designates Lender es Grantor's _tto•• n -fact t• endorse instruments received In payment thereof in the name of Grantor and to negotiate e -a n co lout the proceeds. Payments by tenants or other users to Lender in response to Lender's de • : d h a: is the obligations for which the payments are made, whether or not any proper grounds for he +e• • :xi- ed. Lender may exercise its rights under this subparagraph either in person, by agent, or thr• • 8 =Ceive . DEED OF TRUST (Continued} Page 9 A• R- elver. Lender shall have the right to have a receiver appointed to take possession of all or any :r •f t Property, with the power to protect and preserve the Property, to operate the Property • .ced • • : closure or sale, and to collect the Rents from the Property and apply the proceeds, over and :b• e coat •1 the receivership, against the Indebtedness. The receiver may serve without bond if ::r • tte • aw Lender's right to the appointment of a receiver shall exist whether or not the apparent val = 0 Q� ro - • : c =ads the indebtedness by a substantial amount. Employment by Lander shall not disqo silty a p: fro :e• ing es a receiver. Tenancy : -uf :ntor remains in possession of the Property after the Property is sold as provided •:bo or -nder wise becomes entitled to possession of the Property upon default of Grantor, 0 : tor : ell . - • -4 nant at sufferance of Lender or the purchaser of the Property end shall, at Lender's o: 'on :rth-• pay a reasonable rental for the use of the Property, or (2) vacate the Property imme• el e demand of Lender. Other Remedies. •r Len• : shall have any other right or remedy provided in this Deed of Trust or the Credit Agreeme t o av:' at law or in equity. Notice of Sale. Lende s : •Iv: =r: • •t.sonable notice of the time end place of any public sale of the Personal Property or of he 6 •e : er tch any private sale or other intended disposition of the Personal Property is to be made. Rees. :tile •t : shall mean notice given at least ten (10) days before the time of the sale or disposition. An :el; •f the 'ers• al Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the e entpetmi ■ • app • able law, Grantor hereby waives any and all rights to have the Property marshalled. r ex: • 5 . Its • •hts and remedies, the Trustee or Lender shall be free to sell all or any part of the Props • • : • er • separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on':II o : ny portion o : Property. Attorneys' Frew Expenses. if Lender Institutes an it or act to enforce any of the terms of this Deed of Trust. Lender shall be entitled to recover su • sum a c• urt may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whethe or n• ou action is involved, and to the extent not prohibited by law, all reasonable expenses Lena et 1 • that Lender's opinion are necessary at any time for the protection of Its interest or the enforce t of i shall become a part of the Indebtedness payable on demand and shall bear Interest et the : t greeme rate trora the date of the expenditure until repaid. Expenses covered by this paragraph inclu e, l t limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fee L der's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees d exp .. . • ankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunct , :•pe= : a • any anticipated post - judgment collection services, the cost of searching records, obtainin. tit : re..rt: (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and 1:.8 f: a s•.:, to the extent permitted by applicable law. Grantor also will pay any court costs, in additi. • to al o -'r s • s provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of nde :s :. . th in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions re • 1.. to t•4 • - 4 - rs and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a ma •:r of :w ru :•se shall have the power to take the following actions with respect to the Property upon the r =n r • es of Lender and Grantor: (el loin in preparing and filing a map or plat of the Reel Propert in •di.. the dedication of streets or other rights to the public; (b) join In granting any easement or cr, . i . any : - •' ion on the Real Property; and (c) Join in any subordination or other agreement affecting r Is ' : • of Tr t or the interest of Lender under this Deed of Trust. C Trustee. Trustee shall meet all qualifications required for Trustee under applicable la . ;sill •• • the rights and remedies set forth above, with respect to all or any part of the Property. t - Tr - - all •.: ve the right to foreclose by notice and sale, and Lender will have the right to foreclose by Ju•ic : ore , :ore • DEED OF TRUST (Continued) Page 10 in e' : ca e in accordance with and to the full extent provided by applicable law. ees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for : co • • : • _closure. In the event foreclosure is commenced, but not completed, Grantor shall pay all - •e 85 �• • y• re• by Trustee and partial commission computed on five percent (5 %i of the outstanding Indete•.d-' Tac•ordin• • the following schedule: one -fourth of the commission before Trustee issues a noti•: o -ar•n. • e rig to foreclosure; one -half of the commission after issuance of notice of hearing; three - , . • : •f a co • ', skin after a hearing; and the full commission after the initial sale. Express P• or • • • • to a ustee. Lender shag have the irrevocable right to remove at any time and from time r me - hout'r n e Trustee named in thls Deed of Trust without notice or cause and to appoint a succ: :or • ant in writing, duly acknowledged, in such a Corm as to entitle such written instru .e o -rded in the State of North Carolina; and, In the event of the death or resignation of t e T•• : = a•• In this Deed of Trust, Lender shall have the right to appoint a successor by such written in= • • • , and an Trustee so appointed shall be vested with the title to the Property, and shag possess all the p• er -, • ,• e- and oo�ggations herein conferred on the Trustee In the same manner and to tha same exten 1 as ou• - Ire su or trustee were named In this Deed of Trust as Trustee. NOTICES. Any notice requr :d to •o • der this Deed of Trust, including without limitation any notice of default and any notice of sale s - • • e • r writing, and shall be effective when actually delivered, when actually received by telefacel •: Fig •the Ise required by law), when deposited with a nationally recognized overnight courier, or, : ed, 'T- • .posit: • In the United States mail, as first class, certified or registered mail postage prepaid, dir:ct t t e :ddr :::. shown near the beginning of this Deed of Trust. Any person may change his or her : • • Ts-for o - • -er this Deed of Trust by giving formal written notice to the other person or persons, specif r v° • .rpose of the notice is to change the person's address. For notice purposes, Grantor agrees to k:: • - informed : :11 times of Grantor's current address. Unless otherwise provided or required by law, if • le more the • • ne Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. It , I be Gra or's responsibility to tell the others of the notice from Lender. ANTI•MONEV LAUNDERING AND ANTI- TERRORI • . •:r : • repr: -ants, warrants and covenants to Bank as follows: (11 Grantor le) is not and shail not bacon- pe -on w• •se property Of interest In property is blocked or subject to blocking pursuant to Section 1 of E - • • :r , 224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who C: hr: :ten to Commit, OT Support Terrorism 186 Fed. Reg. 49079 (200111. lb) does not engage in a • s••t - gage in any dealings or transactions prohibited by Section 2 of such executive order, and is not 'rid - .II • •erwise become associated with any such person in any manner violative of Section 2, lel is - - _ ail not •eaome a person on the list of Specially Designated Nationals end Blocked Persons, and (d) (: no : • s Al not become subject to the limitations or prohibitions under any other U.S. Department of re sury : • lice of Foreign Assets Control regulation or executive order; (21 Grantor Is and shall remain in co pli: •:, in : :terial respects, with (al the Trading with the Enemy Act, as amended, and each of the forelg . • : co • egulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amends• an • =n •t -r enabling legislation or executive order relating thereto, and Ibl the Uniting And Strengthening mer ::y P •v •ing Appropriate Tools Required To Intercept Arid Obstruct Terrorism IUSA Patriot Act of 2001); :,• • 13 r. or as not and shall not use all or any part of the proceeds, advances or other amounts or sum- - • tuti• • or videncad by the Obligations, directly or indirectly, for any payments to any governmental off ial • e •.loy -e, political party, official of a political party, candidate for political office, or anyone else acting i : • cis -pa ty, in order to obtain, retain or direct business or obtain any improper advantage, in violation -•f t - • ed .fates Foreign Corrupt Practices Act of 1977, as amended. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of ' • :•-d o7 .T{us : is Amendments. What is written in this Deed of Trust and in the Related Oocumen [• i or'-' entire agreement with Lender concerning the matters covered by this Deed of Trust. To be : fa . - ge or amendment to this Deed of Trust must be in writing and must be signed by whoev: - i • : obligated by the change or amendment. ce"'? • DEED OF TRUST (Continued) Page 11 • ngs. Caption headings in this Deed of Trust are for convenience purposes only and are not to • nterpret or define the provisions of this Deed of Trust. er: :hall be no merger of the Interest or estate created by this Deed of Trust with any other • e or ate in the Property at any time held by or for the benefit of Lender In any capacity, without the rlt $ se of . • •der. Gov z. Ing Le .. • le D. :d •1 Trust will be governed by federal law applicable to Lender end, to the extent not pre: • • •y fede•»I • • e taws of the State of North Carolina without regard to its conflicts of law provision era .:: • o Trust : ; been accepted by Lender In the State of North Carolina. Joint and :. er • • ••• A 4 gations of Grantor under this Deed of Trust shall be joint and several, and all refere as t• r: • or • . 1 mean each and every Grantor. This means that each Grantor signing below Is respo • e f- all • - gallons In this Deed of Trust. No Waiver by Lem an. - for un• •tatends Lender will not give up any of Lender's rights under this Deed of Trust unless Le •er •oe o citing. The fact that Lender delays or omits to exercise any right will not mean that Lender as • Ive • at . If Lender does agree in writing to give up one of Lender's rights, that does not m: to rk eve to comply with the other provisions of this Deed of Trust. Grantor also understands oes consent to a request, that does not mean that Grantor will not have to get Lender's conss • f uation happens again. Grantor further understands that lust because Lender consents to • • • - - • :ntor'e requests, that does not mean Lender will be required to consent to any of Grantor's f ureiq• _ ts. Gra • waives presentment. demand for payment, protest, and notice of dishonor. C 3 Severabilhy. If a court finds that a • p • I: • • is Deed of Trust Is not valid or should not be enforced, that fact by itself will not mean that • • this Deed of rust will not be valid or enforced. Therefore, a court will enforce the rest of the pro • of this D- • • of ust even if a provision of this Deed of Trust may be found to be Invalid or unenforcea•te, Successors and Assigns. Subject to any limit: ons n is Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding •on .' e to he benefit of the parties, their successors and assigns. If ownership of the Property beco es • •ted i• a person other then Grantor, Lender, without notice to Grantor, may deal with Grantor's su• • • . - • erence to this Deed of Trust and the Indebtedness by way of forbearance or extension with • ut sin • Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time Is of the esaence in the p: orman • • Deed of Trust. DEFINITIONS. The following words shall have the following meani•go • us .d in this Deed of Trust: Beneficiary. The word 'Beneficiary" means RBC Bank (USA), ;rid • su ,:: • . and assigns. Borrower. The word "Borrower" means Timothy L. Karns an. - • ar : and includes all co-signers and co•makers signing the Credit Agreement and all their successors , d : , : rg. .. Credit Agreement. The words "Credit Agreement" mean the credi • •re •me • • • • April 3, 2009, with credit limit of $69,000.00 from Grantor to Lender, together wit• al al- .1, extensions of, modifications of, refinancings of, consolidations of, and substitutions for • •ro . •ry n •te or agreement. The maturity date of the Credit Agreement is April 10, 2029. NOTIC' T. • ••• THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among G t• , e -'r : d Trustee, and includes without limitation all assignment and security Interest provisions rel.• • o the - eraone) • Property and Rents. - 1 1 Environmental Laws. The words "Environmental Laws" mean any and ali state, fede 1 .r;[ ocal .t•••• es, regulations and ordinances relating to the protection of human health or the environme In• • • It ,ut limitation the Comprehensive Environmental Response. Compensation, and Liability • • 19: • a: (Pc7 • DEED OF TRUST (Continued) Page 12 ame• • -d, - 2 U.S.C. Section 9601, et seq. ( "CERCLA'), the Superfund Amendments end Reauthorizattion t • 1 • :6, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materiels Transportation Act, 49 U.S.C. .: tion : et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or •th- : • • icable , ate or federal laws, rules, or regulations adopted pursuant thereto. Eve i oftlt. The , • ds "Event of Default" mean any of the events of default set forth in this Deed of True in des: action -f this Deed of Trust. ExIstin.. • Rr.ness. ' h: • de "Existing Indebtedness" mean the indebtedness described in the Existing Liens prov -on • 1 mead of ust. Grantor. T : wo • Gr: t. .. : Timothy L. Karrs and Suzanne Karrs. Hazardous 8u•s • • ••s • words 'Hazardous Substances' mean materials that. because of their quantity, conce re • : , , chemical or Infectious characteristics, may cause or pose a present or potential hazard t. :with • the environment when improperly used, treated, stored, disposed of, generated, manutac r: tr: .: •' or o erwlse handled. The words "Hazardous Substances" are used In their very broadest s• a a • eludthout limitation any and all hazardous or toxic substances. materiels or waste a: de d tie ed under the Environmental Laws. The term "Hazardous Substances" also include:, on, petroleum and petroleum by- products or any fraction thereof and asbestos. Improvements. The word ' • ove ea means all existing and future improvements, buildings, structures, mobile homes affix :• rethe - :al - •.:rty, facilities, additions, replacements and other construction on the Real Property. indebtedness. The word "Indebte. r -a: : a all principal, Interest, and other amounts, costs and expenses payable under the Credit • : • ent or Relit • • Documents, together with all renewals of, extensions of, modifications of, consol - :lions of an. ubstit• 'ons for the Credit Agreement or Related Documents and any amounts expended or adv:• ed en. :r to discharge Grantor's obligations or expenses incurred by Trustee or Lender to ant. a Gr or obligations under this Deed of Trust, together with interact on such amounts as provided In ' ed o rus Lender. The word "Lender' means RBC Bank ( A). its : - e • : as and assigns. The words "successors or assigns" mean any person or company that acqu : • : interest the Credit Agreement. Personal Property. The words "Personal Property" ea° •u •ment, fixtures, and other articles of personal property now or hereafter owned by Grantor, : d • . t= ;:ftsr attached or affixed to the Real Property; together with all accessions, parts, and edditio • • - :place :nts of, and all substitutions for, any of such property; and together with all proceeds Iincludl • g • t 1i itation all insurance proceeds and refunds of premiums) from any sale or other disposition o the Pro• : 1 • Property. The word "Property" means collectively the Real Pro• :rty a •d • : Pe onal Property. Real Property. The words "Real Property" mean the real property, in •ros : a • • •ta, as further described in this Deed of Trust. Related Documents. The words 'Related Documents" mean all promi:•.or o , cr agreements, loan agreements, environmental agreements. guaranties, security agreem.- - mar .:_ :s, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreemen : : • • • • um: - whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Into is es I 'as, profits. and other benefits derived from the Property. Trustee. The word `Trustee" means CB Services Corp., whose address is 134 No • C - r i Str et, PO Sox 1220 , Rocky Mount, NC 27802 and any subathute or successor trustees. 110:.,c7 . 61" • DEED OF TRUST (Continued( Page 13 - AN ••R ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EA G • 4 . REES TO ITS TERMS. GRANT •. O i Timothy L. '���� Alle -Anne anne rrs r CIO 0 e L ACKNOWLEDGMENT STATE OF r V ` ) ` 1 SS COUNTY OF _ _ `_ G- Z/ ) 7 . D_ Mil 1 et _ _ f � b�' — 1 S a otary Public for said County and State, certify that Timothy L. Karrs and Suzanne Karrs p. rson Air be ••re me this day and acknowledged the due execution of the foregoing Instrument. Witness my hand and Notarial Seal this the , !_ , 20 _ ber r � otary Public - – -- My Commission Expires: Nllllltt (t 4 ' w (Affix Notarial Seal Here 1 V 14.1k.kv 4tUtAfr v • arum''''' 0 LASER PRO Lending, Ver. 6.43.00.003 Cope. Harland Financial Solutions. Inc. 1997, 2 is Reserved, - NC C:ILASERPR0lCFI\lPL \G01.FC TR- 121900 PR -42 4 U0 ; SCHEDULE A • ALL T - :-I• - ' SITUATED IN THE COUNTY OF HARNETT, STATE OF NO 4 .+ BEING THE , • E ' - IP . FO CONVEYED TO THE GRANTOR BY DEED RECORDED i : ' I I • OK 1982, PAGE 937 HARNETT COUNTY REGISTRY, TO " " - D • 0 EFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DE '• - ' • 0 IS PROPERTY. PROPERTY ADORE •:2Q .Q • PARCEL ID: 03958509 0. • ( C< )1 0 0404 ' 01111:0 -2. — -:::--"'. - ■ , . : P4NETT CO�j4;�;�� • ` :e va *s 7, ar t r ''.1t+ Iir il t ier t 1 y Niti I- re. V . . `�1 (::: : yer se)0 \ s I S-\) N CAR` BERLY S. HARGROVE E t - r41i. F DEEDS, HARNETT A ' • " NELIUS HARNETT BLVD UITE 200 lA,1): G • ON NC 27546 1M iiiiM1M11iiNiMMiHi{MiMM1Mi1 011 ****11 •iiii /H /MfM /M.M *M.M *Mifi/ Filed For Registration: 0412 '' . :22• : - M Book: RE 2; • 7 • age: 425-43 Document No.: 2009005977 DT 15 PGS 03. Recorder: MARY ANNE WO - State of North Caroline, County of Harnett KIMBERLY S, HARGROVE , REGISTER OF DEEDS 00 DO NOT DISCARD a *2009005977* 4 0 2009005977