1129 Daniel RdDavie County, NC { Tax Parcel Report 3 I) Tuesday, September 27, 2016
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l data is provided as is without warranty or guarantee of any kind either expressed or implied including but not limited to the
Davie County, NC implied warranties of merchantability or fitness for a particular use. All users of Davie County's GIS website shall hold
harmless the County of Davie, North Carolina, its agents, consultants, contractors or employees from any and all claims or
causes of action due to or arising out of the use or inability to use the GIS data provided by this website.
WARNING: THIS IS NOT A SURVEY
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arcerTnformatton
Parcel Number:
L413OA001601
Township:
Jerusalem
NCPIN Number:
5736830040
Municipality:
Account Number:
82529526
Census Tract:
37059-807
Listed Owner 1:
DAVIE GROUP LLC
Voting Precinct:
COOLEEMEE
Mailing Address 1:
854 VALLEY ROAD STE 300
Planning Jurisdiction:
Davie County
City:
MOCKSVILLE
Zoning Class:
DAVIE COUNTY R -A
State:
NC
Zoning Overlay:
DAVIE COUNTY CZOD
Zip Code:
27028-0000
Voluntary Ag. District:
No
Legal Description:
0.767 AC N OF DANIEL RD CALC
Fire Response District:
JERUSALEM
Assessed Acreage:
0.76
Elementary School Zone:
COOLEEMEE
Deed Date:
7/2008
Middle School Zone:
SOUTH DAVIE
Deed Book/Page:
007660863
Soil Types:
PcB2,PcC2
Plat Book:
Flood Zone:
X
Plat Page:
Watershed Overlay:
WS -IV -P
Building Value:
29610.00
Outbuilding & Extra
0.00
Freatures Value:
Land Value:
9030.00
Total Market Value:
38640.00
Total Assessed Value:
38640.00
141'
l data is provided as is without warranty or guarantee of any kind either expressed or implied including but not limited to the
Davie County, NC implied warranties of merchantability or fitness for a particular use. All users of Davie County's GIS website shall hold
harmless the County of Davie, North Carolina, its agents, consultants, contractors or employees from any and all claims or
causes of action due to or arising out of the use or inability to use the GIS data provided by this website.
4K
DAME COUNTY HEALTH DEPARTMENT
Environmental Health Section
P. O. Boa 848/210 Hospital Street v3
Mocksville, NC 27028
(336)751-8760
IMPROVEMENT/OPERATION PERMIT
Account #: 990002038 Tax PIN/EH #: 5736-72-9981
Billed To: Luv Homes Subdivision Info: 11?1
Reference Name: 7tj., '�•rlnew. Location/Address: `445 Daniel Road -27028
Proposed Facility: Residence Property Size: .75 acre
**NOTES* "Tliiss 1m ovement/Operation Permit DOES NOT authorize the construction of a septic tank system or any wastewater
system. An AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION must be obtained from this
Department prior to the construction/installation of a system or the issuance of a building permit (in compliance with
Article I 1 of G.S. Chapter 130A, Wastewater Systems, Section .1900 Sewage Treatment and Disposal Systems). THIS
PERMIT IS SUBJECT TO REVOCATION IF SITE PLANS OR THE INTENDED USE CHANGE. YOUR
WASTEWATER SYSTEM CONTRACTOR MUST SEE THIS PERMIT BEFORE INSTALLING SYSTEM.
Residential Specification: Building Type 1" n 1. DAC #People '2- #Bedrooms 2— #Baths �Z-
Dishwasher: 0 Garbage Disposal: ❑ Washing Machine: UK' Basement w/Plumbing: ❑ Basement/No Plumbing: ❑
Commercial Specification: Facility Type #People #People/Shift #Seats Industrial Waste: ❑
Lot Size Q.?$ SQL Type Water Suppl4wrAy Design Wastewater Flow (GPD) ZLk� Site: New e.Repair ❑
System Specifications: Tank Sizel000 GAL. Pump Tank GAL. Trench Width 3(p Rock Depth Linear Ft. �
Other: 3 pis1-el $oT1oa Boos, 25 o P--auca ►0,� S�lsi�►�-
Required Site Modifications/Conditions: 6ST4ti.., t) A C-c4y g: , ��-p �1 OEF ��=�"�, Y•-� i
IMPROVEMENT/OPERATION PERMIT LAYOUT - APPROVED EFFLUENT FILTER RISER(S) IF 6 " BELOW
FINISHED GRADE. ****NOTICE: Contact a representative of the Davie County Health Department for final inspection of this
system between 8:30 a.m. to 9:30 a_ or S P.M. to 1:30 p.m. on the day of installation. Telephone # is (336)751-8760.****
ollar-
MO.
Environmental Health Specialist's Signature:
DCHD 05/99 (Revised)
Date:
DAVIE COUNTY HEALTH DEPARTMENT
Environmental Health Section
P. O. Boa 848/210 Hospital Street
Mocksville, NC 27028
(336)751-8760
Account #: 990002038
Billed To: Luv Homes
Reference Name: T'g,ai 3:A n,@*.
Tax PIN/EH #: 5736-72-9981
Subdivision Info:
Location/Address: 1115 Daniel Road -27028
Proposed Facility: Residence Property Size: .75 acre
ATC Number: 3411
AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION
**NOTE** This Authorization for Wastewater System Construction MUST BE ISSUED by the Davie County Environmental
Health Section prior to issuance of any building permit(s). This Form/Authorization Number should be presented to
the Davie County Building Inspections Office when applying for building permit(s) (in compliance with Article 11 of
G.S. Chapter 130A, Wastewater Systems, Section .1900 Sewage Treatment and Disposal Systems). THIS
AUTHORIZATION FOR WASTEWATE IS V D FOR A PERIOD OF FIVE YEARS.
Environmental Health Specialist's Signature: ate: D�
CERTIFICATE OF COMPLETION
**NOTE** The issuance of this Certificate of Completion shall indicate the system described on Improvement/Operation Permit
has been installed in compliance with Article 11 of G.S. Chapter 130A, Section .19 "Sewage Treatment and
Disposal Systems," but shall in NO WAY be taken grantee that the cyst will function satisfactorily for any
given period of time. �s
DL 77—Z FL-o�
Septic System Installed By:
Environmental Health Specialist's Signature :
DCHD 05/99 (Revised)
t, 'f
Imo`
10
L'
Ll+� 1� e
CATION FOR SITE EVALUATION/IMPROVEMENT PERMIT & ATC
FEB 24 2003 Davie County Health Department
Environmental Health Section
P.O. Box 848/210 Hospital Street
ENVIRONMENTAL HEALTH Mocksville, NC 27028
DAVIECOUNlY (336) 751-8760
***IMPORTANT*** THIS APPLICATION CANNOT BE PROCESSED UNLESS ALL THE REQUIRED
INFORMATION IS PROVIDED. Refer to the INFORMATION BULLETIN for instructions.
1L'' 1
1. Name to be Billed ` /-L)1j RC ymp S rr Contact Person 1 `N���/ 7pr� 1
Mailing Address S YtilA ST Home Phone �pnI 8 / O0
City/State/ZIP —J9 )(/Ayr4 A�C Z gig;? Business Phone
2. Name on Permit/ATC if Different than Above e i Z t �� I6
Mailing Address /ll 0, y1% e 1 .►,� ,� city/State/zipU�
3. Application For: Site Evaluation j Improvement Permit/ATC
Vm
-oa33
7(L29
❑ Both
4. system to Service: ❑ House Mobile Home ❑ Business ❑ Industry ❑ Other
s. If Residence: # People Z # Bedrooms 3 # Bathrooms.
Dishwasher ❑ Garbage Disposal tt Washing Machine. ❑ Basement/Plumbing ❑ Basement/No Plumbing
6 If Business/Industry/Other: Specify type # People # Sinks
# Commodes # Showers # Urinals # Water Coolers
IF FOODSERVICE: # Seats Estimated Water Usage (gallons per day)
7. Type of water supply: County/City ❑ Well ❑ Community
e. Do you anticipate additions or expansions of the facility this system is intended to serve? ❑ Yes No
If yes, what type?
***IMPORTANT*** CLIENTS MUSTCOMPLETE THE REQUIRED PROPERTY INFORMATION REQUESTED
BELOW. Either a PLAT or SITE PLAN MUST BESUBMITTED by the client with THIS APPLICATION.
75
Property Dimensions: WRITE DIRECTIONS (from Mocksville) to PROPERTY:
13
Tax Office PIN: # 97 j ('79, 1 Q 9 S f1
Property Address: Road Name /115 , Y\ i P ZD ed Twk S %Y� cn
City/zip) Or- rSy; I IQ Iv,k% 4, 270 Z-- %
If in a Subdivision provide information, as follows: lfz Dn %e na
Name:
Section: Block: Lot: Date Property Flagged: 2- O ,!S.
This is to certify that the information provided is correct to the best of my knowledge. I understand that any permit(s)
issued hereafter are subject to suspension or revocation, if the site plans or intended use change, or if the information
submitted in this application is falsified or changed. I, also, understand that I am responsible for all charges incurred from
this application. I, hereby, give consent to the Authorized Representative of the Davie County Health Department
to enter upon above described property located in Davie County and owned by
to conduct all testing procedures as necessary to determine the site suitability.
DATE 2I D SIGNATURE law,
THIS AREA MAY BE USED FOR DRAWING YOUR SITE PLAN (Include all of the following: Existing and proposed.
property lines and dimensions, structures, setbacks, and septic locations).
� tiA 2 L70�1 j�ar%'� i11 N s AA Lf Site Revisit Charge
rgcl I S� Date(s):
Client Notification Date:
a� 3
rJ,c Account No.
evised DCHD (07/99) _�; Invoice No.
'JI vil
Jil i.j
APPLICANT INFORMATION
Account #: 990002038
,Billed To: Luv Homes
Reference Name:
Proposed Facility,- ., Residence
Water Supply:
Evaluation .By:
DAVIE COUNTY HEALTH DEPARTMENT
Environmental Health Section
Soil/Site Evaluation
PROPERTY INFORMATION
Tax PIWEH #: 5736-72-9981
Subdivision Info:
Location/Address`. 1115 Daniel Road -27028
Property Size: .75 acre Date Evaluated: - fl
On -Site Well Community.
Auger Boring Pit
Public
Cut
FACTORS
1
2
3
4
5
6 7
Landscape position
G— -
L
L
i—/P5
Slope %
I e
p ZC2
D n
o
HORIZON I DEPTH
10
c7
Texture groupA
L
L
Consistence
(;xc m-fap
cr
Structure
Mineralogy
HORIZON II DEPTH
-
d
O - 20
-114
/u
Texture groupp
Gt
Consistence
Structure
S -
Mineralogy
hn o ,Zt
I
1 : Z
HORIZON III DEPTH
- 30
1 &—Zfc
Texture group
C_ JX1
C
Consistence
Structure
R 1L
Mineralogy
MU4.
2
A—
HORIZON IV DEPTH
, F
Texture group
Consistence
S�
Structure
Mineralogy
SOIL WETNESS
22
(p
RESTRICTIVE HORIZON
SAPROLITE
CLASSIFICATION
S
LONG-TERM ACCEPTANCE RATE
SITE CLASSIFICATION: L,S EVALUATION BY:
LONG-TERM ACCEPTANCE RATE: OTHER(S) PRESENT:
C� M �
REMARKS: � Q l # 1 C6NC& ",J) 2Cr
LEGEND
Landscape Position
,R; -Ridge S - Shoulder L - Linear slope FS - Foot slope N - Nose slope
CC - Concave slope CV - Convex slope T - Terrace FP Flood plain H.- Head slope
Texture
S - Sand LS - Loamy sand SL Sandy loam L - Loam SI - Silt
SICL - Silty clay loam SIL - Silty loam CL - Clay loam SCL - Sandy clay loam
SC - Sandy clay SIC - Silty clay C - Clay
Moist
VFR - Very friable FR - Friable FI - Firm VFI - Very firm EFI - Extremely firm
Wet
NS - Non sticky SS - Slightly sticky S - Sticky' VS - Very Sticky
NP - Non plastic SP - Slightly plastic P - Plastic VP - Very plastic
Structure
SC - Single grain M - Massive CR- Crumb GR - Granular ABK - Angular blocky
SBK - Subangular blocky PL - Platy PR - Prismatic
Mineralogy
1:1, 2:1, Mixed
Notes
Horizon depth - In inches
Depth of fill - In inches
Restrictive horizon - Thickness and inches from land surface
Saprolite - S(suitable), U(unsuitable)
Soil wetness - Inches from land surface to free water or inches from land surface to soil colors with chroma 2 or less
Classification - S(suitable), PS(provisionally suitable), U(unsuitable)
LTAR - Long-term acceptance rate - gal/day/ft2
DCHD 05/99 (Revised)
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CLETUS MILLER
DB.139-521 N
E.I.P.NO
N71'29'13' Y
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104.49', 2
DANIEL RD.
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0.750 ACRESM M •�
b 13725 COOL SPRINGS RD.
M $+ CLEVELAND, N.C. 27013
PHONE(704) 278-2609
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SURVEYOR'S CERTIFICATION
DAVID MYERS 1, Christopher S. Sparks certify that this map was drawn by me
D6.344— 1 O9 from an actual survey made by me (deed description
recorded in Book 158 Page 702, etc.) (other): (that the ratio
of precision as calculated by latitudes and departures is
` 1:10,000 that the boundries not surveyed ore shown as
N rV broken lines plotted from information found in Book --_---
v? ) Page-----: that this map was prepared in accordance with
p N G.S. 47-30, as amended.
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Witness my hand and seal this'll thday of .FEB.AD
2003.. f r
Regist red and Sury or
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N.I.P. S59'29'00"E Registration Number
t� 124.21'
,to Cv
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N60'03'00"W NOTES:
N
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CONC. MON ;n 1. PROPERTY MAY BE SUBJECT TO RECORDED OR
ro _� 58.23' UNRECORDED EASEMENTS
0 2. NO USGS MONUMENT WITHIN 2000'.
N 3. PIN#5736729981
JAMES CLOER
DB.131-674 r
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DAVIE COUNTY HEALT�I DEPARTMENT
ENVIRONMENTAL HEALTH SECTION
P.O. Box 848/210 Hospital Street
Mocksville, NC 27028
Phone #: (336)751-8760/Fax #: (336)751-8786
March 6, 2003
Luv Homes
Attn: Tim Codding
2310 S. Main Street
Salisbury, NC 28147
Re: Site Evaluation -Daniel Road
Tax PIN: 5736-72-9981
Dear Client(s):
As requested, Jeff Beauchamp, Environmental Health Specialist with this office on
March 3`d and 5th, 2003 evaluated the above -referenced property at the site designated on
the plat/site plan that accompanied your improvement permit application. According to
your application the site is to serve a 3 -bedroom residence with a design wastewater flow
of 360 gallons per day. The evaluation was done in accordance with the laws and rules
governing wastewater systems in North Carolina General Statute 130A-333 and related
statutes and Title 15A, Subchapter 18A, of the North Carolina Administrative Code, Rule
.1900 and related rules.
I
Based on the criteria set out in 15A, Subchapter 18A, of the North Carolina
Administrative Code, Rules .1940 through .1948, the evaluation indicated that the site is
UNSUITABLE for a ground absorption sewage system. Therefore, your request for an
improvement permit is DENIED. A copy of the site evaluation is enclosed. The site is
unsuitable based on the following:
X Unsuitable soil topography and/or landscape position (Rule .1940)
Unsuitable soil characteristics (structure or clay mineralogy) (Rule .1941)
X Unsuitable soil wetness condition (Rule .1942)
Unsuitable soil depth (Rule .1943)
Presence of restrictive horizon (Rule .1944)
X Insufficient space for septic system and repair area (Rule .1945)
Unsuitable for meeting required setbacks (Rule .1950)
Other(Rule.1946)
These severe soil or site limitations could cause premature system failure, leading to the
discharge of untreated sewage on the ground surface, in surface waters, directly into
ground water or inside your structure. j
The site evaluation included consideration of possible site modifications, and modified,
innovative or alternative systems. However, this office has determined that none of the
above options will overcome the severe conditions on this site. A possible option might
be a system designed to dispose of sewage to another area of suitable soil or off-site to
additional property.
For the reasons set out above, the property is currently classified UNSUITABLE, and
an improvement permit shall not be issued for'this site in accordance with Rule .1948(c).
However, the site classified as UNSUITABLE may be reclassified as PROVIONALLY
SUITABLE if written documentation is provided that meets the requirements of Rule
.1948(d). A copy of this rule is enclosed. You may hire a consultant to assist you if you
wish to try to develop a plan under which your site could be reclassified as
PROVISIONALLY SUITABLE.
You have a right to an informal review of this decision. You may request an informal
review by the environmental health supervisor with this office. You may also request an
informal review by the N.C. Department of Environmental and Natural Resources regional
soil specialist. A request for informal review must be made in writing to the Davie County
Health Department, Environmental Health Section.
You also have a right to a formal appeal of this decision. To pursue a formal appeal, you
must file a petition for a contested case hearing with the Office of Administrative Hearings,
6714 Mail Center, Raleigh, N.C. 27699-6714. To get a copy of a petition form, you may
write the Office of Administrative Hearings or call the office at (919) 733-0926 or from the
OAH web site at www.oah.state.nc.us/formPubm. The petition for a contested case hearing
must be filed in accordance with the provision of North Carolina General Statutes 130A-24.
and 150B-23 and all other applicable provisions of Chapter 150B. N.C. General Statute
130A-335 (g) provides that your hearing would be held in the county where your property is
located.
Please note: If you wish to pursue a formal appeal, you must file the petition form with
the Office of Administrative Hearings WITHIN 30 DAYS OF THE DATE OF THIS
LETTER The date of this letter is March 6,� 2003. Meeting the 30 day deadline is critical
to your right to a formal appeal. Beginning a formal appeal within 30 days will not
interfere with any informal review that you might request. Do not wait for the outcome of
any informal review if you wish to file a formal appeal.
If you file a petition for a contested case hearing with the Office of Administrative
Hearings, you are required by law (N.C. General Statute 15013-23) to send a copy of your
petition to the North Carolina Department of Environment and Natural Resources. Send -
. i
the copy to: Office of General Counsel, N.C. Department of Environment and Natural
Resources, 1601 Mail Service Center, Raleigh, N.C. 27699-1601. Do NOT send the copy
of the petition to Davie County Health Department. Sending a copy of your petition to
Davie County Health Department will NOT satisfy the legal requirements in N.C. General
Statute 150B-23 that you send a copy to the Office of General Counsel, NCDENR.
Please call or write this office if you have any questions or need any additional
assistance, as follows: Telephone number: (336) 751-8760_
Davie County Health Department
Environmental Health Section
P.O. Box 848
Mocksville, NC 27028
Sincerely,
I
Jeff Beauchamp, R.S.
Environmental Health Specialist
I
Enclosure(s): Soil -Site Report
Rule .1948
Invoice .
:,r
LAWS AND RULES FOR
SEWAGE TREATMENT AND DISPOSAL SYSTEMS
15A NCAC 18A.1900
i
I
Rule .1948
.1948 SITE CLASSIFICATION
(a) Sites classified as SUITABLE may be utilized for a ground absorption sewage treatment and
disposal system consistent with these Rules. A suitable classification generally indicates soil
and site conditions favorable for the operation of a ground absorption sewage treatment and
disposal system or have slight limitations that are readily overcome by proper design and
installation.
(b) Sites classified as PROVISIONALLY SUITABLE may be utilized for aground absorption
sewage treatment and disposal system consistent with these Rules but have moderate
limitations. Sites classified Provisionally Suitable require some modifications and careful
planning, design, and installation in order for a ground absorption sewage treatment and
disposal system to function satisfactorily.
(c) Sites classified UNSUITABLE have severe limitations for the installation and use of a
properly functioning ground absorption sewage treatment and disposal system. An
improvement permit shall not be issued for a site which is classified as UNSUITABLE.
However, where a site is UNSUITABLE, itmay be reclassified PROVISIONALLY
SUITABLE if a special investigation indicates that a modified or alternative system can be
installed in accordance with Rules .1956 or .1957 or this Section.
(d) A site classified as UNSUITABLE may be used fora ground absorption sewage treatment and
disposal system specifically identified in Rule.; .1955, .1956 or .1957 of this Section or a
system approved under Rule .1969 if written documentation, including engineering,
hydrogeologic, geologic or soil studies, indicates to the local health department that the
proposed system can be expected to function satisfactorily. Such sites shall be reclassified as
PROVISIONALLY SUITABLE if the local health department determines that the
substantiating data indicate that:
(1) a ground absorption system can be installed so that the effluent will be non-pathogenic,
non-infectious, non-toxic, and non -hazardous;
(2) the effluent will not contaminate groundwater or surface water; and
(3) the effluent will not be exposed on the ground surface or be discharged to surface waters
where it could come in contact with people, animals, or vectors.
The State shall review the substantiating data if requested by the local health department.
History Note: Authority G.S. 130A -335(e);
Eff. July 1 1982
Amended Ef£ April 1, 1993; January 1, 1990.
DAVIE COUNTY HEALTH DEPARTMENT
Environmental Health Section
ACIL
P.O. Box 848/210 Hospital Street
Mocksville, NC 27028
Phone: (336) 751-8760/ Fax: (336) 751-8786
March 17, 2003
Luv Homes
Attn: Tim Codding
2310 S. Main Street
Salisbury, NC 28147
Re: Site Evaluation -
3/4 Acre Tract/Daniel Road
Tax PIN#: 5736-72-9981
Dear Mr. Codding:
As requested, a representative from this office visited the above site on March 3`d
and 5th, 2003 to perform a site evaluation. Based on the information provided on the
Application for Site Evaluation and after the evaluation was completed, the site was
found to be unsuitable for the installation of an on-site sewage disposal system.
However, due to a proposed change the number of bedrooms in the residence to
two, the site was revisited on March 121h and 14th, 2003 for further review. This change,
coupled with the addition of a recorded, deeded easement of the parent parcel, will allow
the site to be reclassified provisionally suitable.
A copy of the recorded easement fort he installation and/or repair of a septic
system must be on file with this office prior tl the issuance of an improvement permit.
Before a representative of this office ill revisit the site to issue an Improvement
Permit/Authorization to Construct, the appropriate application must be completed in full
and submitted to this office. The location of the facility the system is to serve must be
staked off.
If you have any questions, feel free to contact this office at 751-8760.
Sincerely,!
Jeff G. Beauchamp, R. .
Environmental Health Section
Enc(s)
i
NORTH CAROLINA DEEC
SATISFACTION: The debt secured by the within Deed of Trust together
with the note(s) secured thereby has been satisfied in full.
This the day of ,
Signed:
Tax Lot No.
Verified by
Parcel
County on the j
by l ( 17
Mail after recording to LUV Homes
2310 S. Main Street, Salisbury, North Carolina 28144 1
This instrument prepared by
Brief Description for the index
Malcolm B. Blankenship, Jr
OF TRUST
Recording: Time, Book and Page
day of
THIS DEED of TRUST made this 6 day of March 2003 , by and between:
GRANTOR
BENEFICIARY
TERRY B. JOYNER and wife, OE BELCHERANDERBILT MORTGAGE AND
LAURA A JOYNER INANCE, INC.
ost Office Box 4007
aryville, TN 37804
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
I
'.
The -designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, That whereas the Grantor is indebted to the Beneficiary in the principal sum of Fourty Six Thousand Four Hundred Thirty -
Four and NO/ 100 Dollars ($ 46,434.00 ),
as evidenced by a Promissory Note of even date herewith, the terms of which are incorporated herein by reference. The final due date for payment
of said Promissory Note, if not sooner paid, is May 1, 2015
NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust
and costs of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is
hereby acknowledged, the Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and
convey to said Trustee, his heirs, or successors, and assigns, the paroel(s) of land situated in the City of
Jerusalem Township, Davie County, North Carolina, ( the "Premises") and more particularly described as follows:
See attached Exhibit "A"
i
TO HAVE AND TO HOLD said Premises with all privileges and appurtenances thereunto belonging, to said Trustee, his heirs, successors, and
assigns forever, upon the trusts, terms and conditions, and for the uses hereinafter set forth.
If the Grantor shall pay the Note secured hereby in accordance with its terms, together with interest thereon, and any renewals or extensions
thereof in whole or in pad, all other sums secured hereby and shall comply with all of the covenants, terms and conditions of this Deed of Trust, then
this conveyance shall be null and void and may be cancelled of record at the request and the expense of the Grantor. If, however, there shall be any
default (a) in the payment of any sums due under the Note, this Deed of Trust or any other instrument securing the Note and such default is not
cured within ten (10) days from the due date, or (b) if there shall be default in any of the other covenants, terms or conditions of the Note secured
hereby, or any failure or neglect to comply with the covenants, terms or conditions contained in this Deed of Trust or any other instrument securing
the Note and such default is not cured within fifteen (15) days after written 'notice, then and in any of such events, without further notice, it shall be
lawful for and the duty of the Trustee, upon request of the Beneficiary, to sell the land herein convey a ublic auction for cash, after having first
giving such notice of hearing as to commencement of foreclosure proceedings and obtained such fi ave of court as may then be required
by law and giving such notice and advertising the time and place of such sale in such manner as en be provided by law, and upon such and
any resales and upon compliance with the law then relating to foreclosure proceedings under ale to convey title to the purchaser in as full
and ample manner as the Trustee is empowered. The Trustee shall be authorized to retalalm y to represent him in such proceedings.
The proceeds of the Sale shall after the Trustee retains his commission,) together withnable attorneys fees incurred by the Trustee in such
proceeding, be applied to the costs of sale, including, but not limited to, costs of collection, axes, assessments, costs of recording, service fees and
incidental expenditures, the amount due on the Note hereby secured and advancements and other sums expended by the Beneficiary according to
the provisions hereof and otherwise as required by the then existing law relating to foreclosures. The Trustee's commission shall be five percent
(5%) of the gross proceeds of the sale or the minimum sumof $ whichever is greater, for a completed foreclosure. In the event foreclosure
is commenced, but not completed, the Grantor shall pay, xp
all eenses incurred by Trustee, Including reasonable attorneys fees, and a partial
commission computed on five per cent (5%) of the outstanding indebtedness or the above stated minimum sum, whichever is greater, in accordance
with the following schedule, to -wit: one-fourth (114) thereof before the Trustee issues a notice of hearing on the right to foreclosure; one-half (112)
thereof after issuance of said notice; three-fourths (314) thereof after such hearing; and the greater of the full commission or minimum sum after the
initial sale.
And the said Grantor does hereby covenant and agree with the Trustee as follows:
1. INSURANCE. Grantor shall keep all improvements on said land, now or hereafter erected, constantly insured for the benefit of the Beneficiary
against loss by fire, windstorm and such other casualties and contingencies, in such manner and in such companies and for such amounts, not less
than that amount necessary to pay the sum secured by this Deed of Trust, and as may be satisfactory to the Beneficiary. Grantor shall purchase
such insurance, pay all premiums therefor, and shall deliver to Beneficiar such policies along with evidence of premium payment as long as the
Note secured hereby remains unpaid. If Grantor fails to purchase such insurance, pay premiums therefor or deliver said policies along with evidence
of payment of premiums thereon, then Beneficiary, at his option, may purchase such insurance. Such amounts paid by Beneficiary shall be added to
the principal to the Note secured by this Deed of Trust, and shall be due and payable upon demand of Beneficiary. All proceeds from any insurance
so maintained shall at the option of Beneficiary be applied to the debt secured hereby and if payable in installments, applied in the inverse order of
maturity of such installments or to the repair or reconstruction of any improvements located upon the Property.
2. TAXES, ASSESSMENTS, CHARGES. Grantor shall pay all taxes, assessments and charges as may be lawfully levied against said Premises
within thirty (30) days after the same shall become due. In the event that Grantor fails to so pay all taxes, assessments and charges as herein
required, then Beneficiary, at his option, may pay the same and the amounts so paid shall be added to the principal of the Note secured by this Deed
of Trust, and shall be due and payable upon demand of Beneficiary.
3. ASSIGNMENTS OF RENTS AND PROFITS. Grantor assigns to Beneficiary, in the event of default, all rents and profits from the land and any
improvements thereon, and authorizes Beneficiary to enter upon and take possession of such land and improvements, to rent same, at any
reasonable rate of rent determined by Beneficiary, and after deducting from any such rents the cost of reletting and collection, to apply the remainder
to the debt secured hereby.
4. PARTIAL RELEASE. Grantor shall not be entitled to the partial release of any of the above described property unless a specific provision
providing therefor is included in this Deed of Trust. In the event a partial release provision is included in this Deed of Trust, Grantor must strictly
comply with the terms thereof. Notwithstanding anything herein contained, Grantor shall not be entitled to any release of property unless Grantor is
not in default and is in full compliance with all of the terms and provisions of the Note, this Deed of Trust, and any other instrument that, may be
securing said Note.
5. WASTE. The Grantor covenants that he will keep the Premises herein conveyed in as good order, repair and condition as they are now,
reasonable wear and tear excepted, and will comply with all governmental j
requirements respecting the Premises or their use, and that he will not commit or permit any waste.
6. CONDEMNATION. In the event that any or all of the Premises shall be condemned and taken under the power of eminent domain, Grantor
shall give immediate written notice to Beneficiary and Beneficiary shall have the right to receive and collect all damages awarded by reason of such
taking, and the right to such damages hereby is assigned to Beneficiary who shall have the discretion to apply the amount so received, or any part
thereof, to the indebtedness due hereunder and if payable in Installments, applied in the inverse order of maturity of such installments, or to any
alteration, repair or restoration of the Premises by Grantor.
7. WARRANTIES. Grantor covenants with Trustee and Beneficiary that he is seized of the Premises in fee simple, has the right to convey the
same in fee simple, that title is marketable and free and clear of all encumbrances, and that he will warrant and defend the title against the lawful
claims of all persons. whomsoever, except for the exceptions hereinabove stated. Title to the property hereinafter described is subject to the
following exceptions:
8. SUBSTITUTION OF TRUSTEE. Grantor and Trustee covenant and agree to and with Beneficiary that in case the said Trustee, or any
successor trustee, shall die, become incapable of acting, renounce his trust, or for any reason the holder of the Note desires to replace said Trustee,
then the holder may appoint, in writing, a trustee to take the place of the Trustee; and upon the probate and registration of the same, the trustee thus
rled shall succeed to all rights, powers and duties of the Trustee.
THE FOLLOWING PARAGRAPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF
THIS SENTENCE IS MARKED AND/OR INITIALED.
9. SALE OF PREMISES. Grantor agrees that if the Premises or any part thereof or interest therein is sold, assigned, transferred, conveyed or
otherwise alienated by Grantor, whether voluntarily or involuntarily or by operation of law (other than: (i) the creation of a lien or other encumbrance
subordinate to this Deed of Trust which does not relate to a transfer of rights of occupancy in the Premises; (ii) the creation of a purchase money
security interest for household appliances; (iii) a transfer by devise, descent, or operation of law o the death of a joint tenant or tenant by the
entirety; (iv) the grant of a leasehold interest of three (3) years or less not containing an option toase; (v) a transfer to relative resulting from
the death of a Grantor; (vi) a transfer where the spouse or children of the not,
become the o e Premises; (vii) a transfer resulting from a
decree of a dissolution of marriage, legal separation agreement, or from an incidental pr ttiement agreement, by which the spouse of the
Grantor becomes an owner of the Premises; (viii) a transfer into an inter vivos trust in whi th ntor is and remains a beneficiary and which does
not relate to a transfer of rights of occupancy in the Premises], without the prior wri nt of Beneficiary, Beneficiary, at its own option, may
declare the Note secured hereby and all other obligations hereunder to be forthwith payable. Any change in the legal or equitable title of the
Premises or in the beneficial ownership of the Premises, including the sale, conveyance or disposition of a majority interest in the Grantor if a
corporation or partnership, whether or not of record and whether or not for consideration, shall be deemed to be the transfer of an interest in the
Premises.
10. ADVANCEMENTS. If Grantor shall fail to perform any of the covenants or obligations contained herein or in any other instrument given as
additional security for the Note secured hereby, the Beneficiary may, but without obligation, make advances to perform such covenants or
obligations, and all such sums so advanced shall be added to the principal sum, shall bear interest at the rate provided in the Note secured hereby
for sums due after default and shall be due from Grantor on demand of the Beneficiary. No advancement or anything contained in this paragraph
shall constitute a waiver by Beneficiary or prevent such failure to perform from constituting an event of default.
11. INDEMNITY. If any suit or proceeding be brought against the Trustee or Beneficiary or if any suit or proceeding be brought which may affect
the value or title of the Premises, Grantor shall defend, indemnify and hold harmless and on demand reimburse Trustee or Beneficiary from any loss,
cost, damage or expense and any sums expended by Trustee or Beneficiary shall bear interest as provided in the Note secured hereby for sums due
after default and shall be due and payable on demand.
12. WAIVERS. Grantor waives all rights to require marshalling of assets by the Trustee or Beneficiary. No delay or omission of the Trustee or
Beneficiary in the exercise of any right, power or remedy arising under the Note or this Deed of Trust shall be deemed a waiver of any default or
acquiescence therein or shall impair or waive the exercise of such right, power or remedy by Trustee or Beneficiary at any other time.
13. CIVIL ACTION. In the event that the Trustee is named as a party to any civil action as Trustee in this Deed of Trust, the Trustee shall be
entitled to employ aq attorney at law, including himself if he is a licensed attorney, to represent him in said action and the reasonable attorney's fee
of the Trustee in such action shall be paid by the Beneficiary and added to the principal of the Note secured by this Deed of Trust and bear interest
at the rate provided in the Note for sums due after default.
14. PRIOR LIENS. Default under the terms of any instrument secured by a lien to which this Deed of Trust is subordinate shall constitute default
hereunder.
15. OTHER TERMS.
3N WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
• written.
Use Blackllnk Only
(Corporate Name)
(SEAL)
By: TERRY I . J0�'NER
President (,� (SEAL)
TAURA A JOYNER
ATTEST.
Secretary (Corporate Seal)
SEAL - STAMP NORTH CAROLINA, IREDELL County.
Use Black Ink
I, a Notary Public of the County and state
LAURA A. JOYNER
certify that TERRY B. JOYNER and
personally appeared before me this day and acknowledged the execution of the foregoing instrument.
and official stamp or seal, this log— day of
My Commission expires: &,n �-A .Zoo -
SEAL - STAMP NORTH CAROLINA,
I, a Notary Public of the County and state aforesaid,
Use Black Ink
personally appeared before me this day and
given and as an act of the corporation, the foregbW1
President, sealed with its corporate seal and attested by
County.
(SEAL)
(SEAL)
Grantor,
Nitness my hand
,Notary Public
§M that he is Secretary of
a North Carolina corporation, and that by authority duly
nent was signed in its name by its
as its Secretary ,
Witness my hand and official stamp or seal, this day of
My Commission expires:
The foregoing Certificates) of
is certified to
page hereof.
By
Notary Public
are auly reglsterea at the nate ana time ana in the tiooK ana Nage snows on
REGISTER OF DEEDS FOR COUNTY
Deputy/Assistant-Register of Deeds.
Joyner Description
Exhibit "A"
BEGINNING at a new iron pin N 37-56-52 E from a concrete monument located in the
common corner of David Myers (Book 344,E Page 109) and James Clore (Book 131, Page
674) running thence S 59-29-00 E to a new iron pin (point 2); thence N 30-31-00 E 307.13
feet to an existing iron pin in the line of Cletus Miller; thence S 71-29-13 W 104.49 feet to an
existing iron pin; thence S 33-16 W 184.90 feet to an existing iron pin; thence S 37-56-52 W
101.57 feet to a new iron pin, the point and place of BEGINNING, as shown on boundary
survey of Lot 12 Morgan Springs Development and portion of addition property by Parks
Surveying, dated February 7, 2003.
Together with a easement of ingress/egress and regress 15 feet in width along the easterly
line of Lot 12, Morgan Springs Development, as shown in Book 5, Page 77, Davie County
Book of Maps, said easterly line beginning at (point 2) in the above recited description;
running thence S 30-31-00 W 10.87 feet to an iron; thence S 60-03-00 W 58.23 feet to an
existing iron pin; thence in a southerly direction with the line of Mannie Graham (Deed Book
172, Page 415) to a point in the northerly margin of Danie East.
O
Further together with an easement for septic sy d repair appurtenant to the above
described property, said easement to be locati eing located on the ground on said Lot
12 above described.
Further together with an easement for septic tank field installation and future repair of septic
system over and upon Lot 12 of Morgan Sp 1 gs Development as shown on Map recorded in
Book 5, Page 77, Davie County Registry.
• 8K'4 IJ?Gb4b
FILED FOR REGISTRATION
March 28, 2003 2:40 P.M.
DATE TIME
AND RECORDED IN BOOK473 PAGE 648
M. BRENT SHOAF, REGISTER OF DEEDS
DAVIE COUNTY, NC
t 8Y Z4 ��
DEE D'oiI:'afi SFEP, Or. j1
�C%L
Assistant
-E Ely
TT,X SUP=RlI'I'S 0 R
NORTH CAROLINA GENERAL WARRANTY DEED
NO TAXABLE CONSIDERATION STATED
Excise Tax Recording Time, Book and Page
Tax Lot No. Parcel Identifier No.
Verified by County on the day of ,
by
Mail after recording to LUV Homes
2310 S. Main Street, Salisbury, North Carolina 28144
This instrument was prepared by Malcolm B. Blankenship, Jr., Esquire
Brief description for the Index
THIS DEED made this 6 day of March , 2003 ,by and between
DONNA NATES CLARE r ON
RY B. JOYNER and wife,
RA A. JOYNER
Enter in appropriate block for each party: name, address, and, if appropriate, character, of entity, e.q. corporation
or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and coi Ivey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in the City of , Jerusalem Township,
Davie' County, North Carolina and more particularly described as follows:
BEGINNING at a new iron pin N 37-56-52 E from a concrete monument located in the common corner of David
Myers (Book 344, Page 109) and James Clore (Book 13, Page 674) running thence S 59-29-00 E to a new iron pin
(.2); -thence N 30-31-00 E 307.13 feet to an existing iron pin; thence S 33-16 W 184.90 feet to an existing iron pin;
thence S 37-06-52 W 101.57 feet to a new iron pin, the point and place of BEGINNING.
Together with an easernent of ingress/egress and regress 15 feet in wid h along the easterly lire of Lot 12,
Morgan Springs Development, as shown in Book 5, Page 77, Davie County Book of f0japs, said easterly ling:
beginning at (point 2) in the above recited description; running thence S 30-31-00 W 10.37 feet to an iron; 2—,ence
S 60-03-00 W 58.23 feet to an existing iron pin; thence in a southerly direction with the line of Mannie Gra ¢tom
(Deed Book 172, Page 415) to a point in the northerly margin of Daniel Road East.
Further together with an easement for septic system field and repair appurtenant to the above described
property, said easement to be located and being located on the groun J on said Lot 12 above described.
Further together with an easement for septic tank field installation and future repair of septic system over nand
upon Lot 12 of Morgan Springs Development as shown on Map recorded in Book 5, Page 77, Davie Count
Registry. .V ►i�i����':
NORTH L;Mi00vr.
DAVIE COUNTY
I hereby certify that this is a true and accur,
record which appears in the office the Register
Davie County, NC
Witness my hand and official seal, this the,
Assistant! X,,P9ister of Deeds
r ��y /0;,
1J 0 S
NSW U=
W U;
O
- .4u
cc
Uh4 J 44,
The propert! hereinabove described was acquired by Grantor by instrument recorded in Book 158, Page 702
Davie County Registry
A map showing the above described property is recorded in Plat Book page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptio-ris:
Subject to all easements, rights of way, ordinances, restriction and environmental matters existing on, over,
across or under the subject property.
IN.WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority
of its Board of Directors, the day and year first above written.
USE BLACK IIV NLY
C (SEAL)
(Corporate Name) a Ka a arlton
By
(SEAL)
President
ATTEST:
Secretary (Corporate Seal)
(SEAL)
(SEAL)
y�anO,
SEAL -STAMP NORTH CAROLINA, Iredell County. .� : ••'' °° ��y'
I, a Notary Public of the County and State aforesaid, certify that Donna Kates
Use Black Ink personally appeared before me this day and acknowlEdged the execution of --t1
instrument. Witness my hand and official stamp or seal, this �_ day ---W'
r`
My commission expires: Se -01..2 O0'7 Nafary'Public
SEAL -STAMP NORTH CAROLINA, County.
I, a Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledged that he is Secretary of
Use Black Ink a North Carolina corporation, and that by authority
duly given and as the act of the corporation, the foregoing instrument was signed in its name by
President, sealed with its corporate seal and attested by
as its Secretary.
Witness my hand and official stamp or seal, this day of
My commission expires:
The foregoing Certificate(s) of Timothy L. Codding Notary Public of Iredell County
Notary Public
is/a w certified to be correct. This instrument and this certificate are duly registered at the date and tkme and in the Book:
and Page shown on first page hereof.
M. Brent Shoaf REGISTER OF DEEDS FOR
BYZopigyVAssistanf— Register of Deeds
Davie
'L- /�,U ,
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