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<br />200704479 <br /> <br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property <br />by public announcement at the time and place of any previously scheduled sale. lender or its <br />designee may purchase the 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 truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br />(a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br />the Trustee's fees actually incurred, not to exceed 0.5% of the principal amount of the <br />Note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; <br />(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons <br />legally entitled to it. <br />21. Lien Priority. The full amount secured by this Security Instrument shall have a lien priority <br />subordinate 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 <br />5.890 % which accrues on the unpaid principal balance ("Initial Interest Rate") is <br />subject to change, as described below. When the interest rate changes, the new adjusted interest <br />rate will be applied to the total outstanding principal balance. Each adjustment to the interest rate <br />will be based upon the weekly average yield on United States Treasury Securities adjusted to a <br />constant maturity of one year, as made available by the Federal Reserve Board in Statistical Release <br />H.15 (519) (" Index") plus a margin. If the Index is no longer available, Lender will use as a new <br />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 <br />rate. The interest rate may change on the first day of AUGUST 2007 , and on 0 that <br />day of each succeeding year 00 the first day of each succeeding month ("Change Date") until the <br />loan is repaid in full. <br />The value of the Index will be determined, using the most recent Index figure available thirty <br />(30) days before the Change Date ("Current Index"). Before each Change Date, the new interest <br />rate will be calculated by adding a margin to the Current Index. The sum of the margin plus the <br />Current Index will be called the "Calculated Interest Rate" for each Change Date. The Calculated <br />Interest Rate will be compared to the interest rate in effect immediately prior to the current Change <br />Date (the" Existing Interest Rate"). <br />o (Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than <br />2.0% higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or lower <br />than the Initial Interest Rate. <br />00 (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never increase <br />above FIFTEEN AND 890/1000 percent ( 15.890%). <br />The Calculated Interest Rate will be adjusted if necessary to comply with these rate limitation(s) <br />and will be in effect until the next Change Date. At any Change Date, if the Calculated Interest Rate <br />equals the Existing Interest Rate, the interest rate will not change. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warranty and without charge to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint <br />a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in <br />which this Security Instrument is recorded. Without conveyance of the Property, the successor <br />trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by <br />applicable law. <br />25. Request for Notices. Borrower requests that copies of the notices of default and sale be <br />sent to Borrower's address which is the Property Address. <br /> <br />70XB: 02/02 <br /> <br />Page 7 <br /> <br />7/# <br />