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201405854
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9/15/2014 4:04:47 PM
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DEEDS
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201405854
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Paragraph 21, 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 <br />time and place of any previously scheduled sale. Lender or its designee may purchase the <br />Property at 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 />22. Lien Priority. The full 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 />23. Adjustable -Rate Feature. Under the Note, the initial stated interest rate of 2.653% 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 for <br />one -month U.S. dollar denominated deposits in the London Market ( "LIBOR "), as published in The Wall <br />Street Journal ( "Index ") plus a margin. If the Index is no longer available, Lender will be required to use <br />any index prescribed by the Department of Housing and Urban Development. Lender will give Borrower <br />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 November 1, 2014 and on the first day of each succeeding month. <br />"Change Date" 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 margin plus the Current Index will be <br />called the "Calculated Interest Rate" for each Change Date. The Calculated Interest Rate will be <br />compared to the interest rate in effect immediately prior to the current Change Date (the "Existing <br />Interest Rate "). <br />The Calculated Interest Rate will never increase above 12.653% <br />2 01405854 <br />The Calculated Interest Rate will be adjusted if necessary to comply with the rate limitation(s) described <br />above and will be in effect until the next Change Date. At any change date, if the Calculated Interest Rate <br />equals the Existing Interest Rate, the interest rate will not change. <br />24. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing <br />debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without <br />warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation <br />costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is <br />paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted <br />under applicable law. <br />25. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br />this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall <br />succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />26. Request for Notices. BORROWER HEREBY REQUESTS THAT, UNLESS OTHERWISE <br />PRESCRIBED BY LAW, A COPY OF ANY NOTICE OF DEFAULT OR NOTICE OF SALE <br />PURSUANT TO THE NONJUDICIAL FORECLOSURE OF THIS DEED OF TRUST BE MAILED <br />TO BORROWER AT BORROWER'S MAILING ADDRESS SET FORTH HEREIN. <br />Page 7 of 9 HECM Second Deed Of Trust - -: <br />
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