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201504035
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6/16/2015 4:07:30 PM
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6/16/2015 4:07:29 PM
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DEEDS
Inst Number
201504035
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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 the same priority over <br />any other liens on the Property as if the full amount had been disbursed on the date the initial <br />disbursement was made, regardless of the actual date of any disbursement. The amount secured by this <br />Security Instrument shall include all direct payments by Lender to Borrower and all other loan advances <br />permitted by this Security Instrument for any purpose. This lien priority shall apply notwithstanding any <br />State constitution, law or regulation, except that this lien priority shall not affect the priority of any liens <br />for unpaid State or local governmental unit special assessments or taxes. <br />23. Adjustable - Rate Feature. Under the Note, the initial stated interest rate of 3.499% 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 -year U.S. dollar denominated deposits in the London Market ( "LIBOR "), as published in The <br />Wall Street Journal ( "Index "), rounded to three digits to the right of the decimal point, plus a margin. If <br />the Index is no longer available, Lender will be required to use any index prescribed by the Department <br />of Housing and Urban Development. Lender will give 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, 2016 and on that day of each succeeding year. "Change Date" <br />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 <br />be 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 cannot be more than 2.0 percentage points higher or lower than the <br />Existing Interest Rate, nor can it be more than 5.0 percentage points higher or lower than the Initial <br />Interest Rate. <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 <br />Rate 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 re- convey 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 <br />is 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 />27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br />together with this Security Instrument, the covenants of each such rider shall be incorporated into and <br />shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) <br />were a part of this Security Instrument. [Check applicable box(es).] <br />201504035 <br />Page 8 of 10 HECM First Deed Of Trust -2014 <br />
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