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200400395
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200400395
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Last modified
10/16/2011 11:20:32 AM
Creation date
10/20/2005 11:00:11 PM
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DEEDS
Inst Number
200400395
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200400395 <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale in one or more parcels and in any order <br />Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time 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 truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs <br />and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees <br />actually incurred, not to exceed 5.00 % of the principal amount of the Note at the time of the decla- <br />ration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this <br />Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />21. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority subordinate <br />only to the full amount secured by the First Security Instrument. <br />22. Adjustable Rate Feature. Under the Second Note, the initial stated interest rate of 2.7900% which <br />accrues 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 balance. <br />Each adjustment to the interest rate will be based upon the weekly average yield on United States Treasury <br />Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board in <br />Statistical Release H.15 (519) ( "Index ") plus a margin. If the Index is no longer available, Lender will use as a <br />new Index any index prescribed by the Secretary. Lender will give Borrower notice of the new Index. <br />Lender will perform the calculations described below to determine the new adjusted interest rate. The interest <br />rate may change on the first day of APRIL, 2004 , and on ❑ that day of each succeeding year <br />® the first day of each succeeding month ( "Change Date ") until the loan is repaid in full. <br />The value of the Index will be determined, using the most recent Index figure available thirty (30) days before <br />the Change Date ( "Current Index "). Before each Change Date, the new interest rate will be calculated by adding a <br />margin to the Current Index. The sum of the margin plus the Current Index will be called the "Calculated Interest <br />Rate" for each Change Date. The Calculated Interest Rate will be compared to the interest rate in effect <br />immediately prior to the current Change Date (the "Existing Interest Rate "). <br />❑ (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than 2.0% <br />higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or lower than the Initial <br />Interest Rate. <br />® (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above <br />TWELVE AND 790/1000 percent ( 12.79000 %)• <br />The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) and will be in <br />effect until the next Change Date. At any Change Date, if the Calculated Interest Rate equals the Existing Interest <br />Rate, the interest rate will not change. <br />23. 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 debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without <br />charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security <br />Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, <br />power and duties conferred upon Trustee herein and by applicable law. <br />25. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to <br />Borrower's address which is the Property Address. <br />70XB : 02/02 Page 7 of 8 <br />
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