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201304041
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Last modified
12/31/2013 4:09:10 PM
Creation date
5/21/2013 3:19:14 PM
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DEEDS
Inst Number
201304041
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201304041 <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br /> notice of breach in Borrower.However, Lender or a judicially appointed receiver may do so at any time <br /> there is a breach. Any application of rents shall 1101 cure or waive ant default or invalidate any other <br /> right or remedy of Lender. This assignment of rents of the Property:;hall terminate when the debt <br /> secured by this Security Instrument is paid in full. <br /> 20. Foreclosure Procedure.If Lender requires immediate payment-in-full under Paragraph 9, <br /> Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender <br /> shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br /> Paragraph 20,including,but not limited to,reasonable attorneys'fees and costs of title evidence. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which any <br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by applicable law,Trustee shall give public notice of sale to the persons and in the <br /> manner prescribed by applicable law. 'Trustee,without demand on Borrower,shall sell the <br /> Property at public auction to the highest bidder at the time and place and under the terms <br /> designated in the notice of sale in one or more parcels and in any order Trustee determines. <br /> Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br /> and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br /> any sale. <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property.The recitals in the Trustee's deed shall be prima facie evidence of the <br /> truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following <br /> order: (a) to all costs and expenses of exercising the power of sale,and the sale,including the <br /> payment of the Trustee's fees actually incurred and reasonable attorneys'fees as permitted by <br /> applicable law; (b)to all sums secured by this Security Instrument; and(c)any excess to the <br /> person or persons legally entitled to it. <br /> 21. Lien Priority.The lull amount secured by this Security instrument shall have a lien priority <br /> subordinate only to the full amount secured by the First Security Instrument. <br /> 22.Adjustable-Rate Feature.Under the Note, the initial stated interest rate of'2.700% which accrues <br /> on the unpaid principal balance("Initial Interest Rate") is subject to change,as described below.When <br /> the interest rate changes,the new ,adjusted interest rate will be applied to the total outstanding principal <br /> balance_ Each adjustment to the interest rate will be based upon the average of interbank offered rates <br /> for one-month U.S. dollar denominated deposits in the London Market("LIBOR"), as published in The <br /> Wall Street Journal("Index")plus a margin. If the Index is no longr available, Lender will be required <br /> to use any index prescribed by the Department of Housing and Urban Development. Lender will give <br /> Borrower notice of new index. <br /> Lender will perform the calculations described below to determine the new adjusted interest rate.The <br /> interest rate may change on July 1,2013 and on the first day of each succeeding month. "Change <br /> Dale" means each date in which the interest rate could change. <br /> The value of the Index will be determined,using the most recent Index figure available thirty(30)days <br /> before the Change Date("Current Index"). Before each Change Date,the new interest rate will be <br /> calculated by adding a margin to the Current Index. The sum of the mar;in plus the Current Index will <br /> -44 <br /> Page 8.,r I[ HECM Second Deed Of Trke, <br />
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