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201706666
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12/9/2019 6:32:54 PM
Creation date
10/2/2017 4:22:39 PM
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DEEDS
Inst Number
201706666
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shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />Paragraph 24, 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 <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed <br />by applicable law to Borrower and to the other persons prescribed by applicable law. After the <br />time 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 />25. 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 and interest accruing thereon. This lien priority <br />shall apply notwithstanding any State constitution, law or regulation, except that this lien priority shall <br />not affect the priority of any liens for unpaid State or local governmental unit special assessments or <br />taxes given priority over a first position deed of trust under applicable law. <br />26. Adjustable - Rate Feature. Under the Note, the initial stated interest rate of 4.525% 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 October 1, 2018 and on that day of each succeeding year. "Change <br />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 <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 />27. 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 />Page 9 of 12 <br />201"70 6G <br />HECM First Deed Of Trust -2015 <br />
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