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200512781
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200512781
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1/3/2006 8:32:20 AM
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DEEDS
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200512781
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<br />200512781 <br /> <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 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. The 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 notwithstanding 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. Adjustable Rate Feature. Under the Note, the initial stated interest rate of 5.8400 % 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 the total outstanding principal balance. Each <br />adjustment 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 />B.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 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 MARCH, 2006 , and on D that day of eaeh succeeding year <br />IX] 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 />D (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 />IX] (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase above <br />FIFTEEN AND 840/1000 percent ( 15.84000 %). <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 rccorded. 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 isthe Property Address. <br /> <br />66XB : 05/97 Page 7 <br />
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