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200207717 <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the <br />line 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 ofthe Property by public announcement <br />at the time and place of any previously scheduled sale. Lender of 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 fallowing 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 5.011 °G, of [lie principal amount of lire Note at the time of lire 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 fill] amount secured by this Security instrument shall have the same priority over any <br />other liens on the Property as if the full amount had been disbursed on the date the initial disbursement was made, <br />regardless ofthe actual date of any disbursement.' fhe amount secured by this Security Instrument shall include all <br />direct payments by Lender to Borrower and all other loan advances permitted by this Security Instrument for any <br />purpose. This lien priority shall apply notwillnstanding any State constitution, law or regulation, except that this <br />lien priority shall not affect the priorty of any liens for unpaid State or local governmental unit special <br />assessments or taxes. <br />22. Ad] ustable Rate Feature. Under the Note, the initial stated interest rate of 3.5000 % which accrues <br />on the unpaid principal balance ( "Initial Interest Rate ") is subject to change, as described below. When the interest <br />rate changes, the new adjusted interest rate will be applied to die total outstanding principal balance_ F.ach <br />adjusmond to the interest rate will be based upon the weekly average yield on United States Treasury Securities <br />adjusted to a constant maturity of one year, as made available by the Federal Reserve Board in Statistical Release <br />11.15 (519) ( "Index ") plus a margin. If the Index is no longer available, Lender will use as a new Index any index <br />prescribed by the Secretary. Lender will give Borrower notice ofthe 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 OCTOBER, 2002 , and on L] that day of each succeeding year <br />LX] line first day of each succceding month ( "Change ]),are") until the loan is repaid in trill. <br />"Dm value ofthe Index will he 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. 'flie sum ofthe margin plus the Current Index will he 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 />I L (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 />baerest Rate. <br />,yj (Monthly Adjusting Variable Rate Feature) The Calculated interest Rate will never increase above <br />TIURTEEN AND 500 /1000 percent( 13.50000°0. <br />'fhe Calculated Interest Rare will be adjusted if accessary to comply with these rate hatitatien(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 nut change. <br />23. Ruconveyance. Upan payment of all sums secured by this Security Instrument, ],under shall request <br />'Trustee to recuuvey the Property and shall surrender this Security Insirtauent and all notes evidencing debt <br />secured by this Security Instrument to'I'rester, Trustee shall reconvey the Property without warranty and without <br />charge to the person or persons legally entitled to iL Such person of persons shall pay any recordation costs. <br />24. Subslilule Trustee. Lender, at its option, may from time to time rcu ive Trustee and appoint a successor <br />trustee to any Trusue, appointed hereunder by an instrument recorder) in dnc county in which this Security <br />Inslrunent is recorded. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, <br />power and duties conferred upon msicc herein and by applicable low. <br />25. Request fur Notices. Borrower requests that copies of the notices of default and sale he sent to <br />Borrower's address which is the Property Addrwn. <br />GGxB 05197 Pe6e7 orb <br />