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<br />200705705 <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 <br />deed 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, not to exceed 0.5% of the principal <br />amount of the Note at the time of the declaration of default. and reasonable attorneys' fees as <br />permitted by 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 />21. lien Priority. The full amount secured by this Security Instrument shall have the same <br />priority over any other liens on the Property as if the full amount had been disbursed on the date the <br />initial disbursement was made, regardless of the actual date of any disbursement. The amount <br />secured by this Security Instrument shall include all direct payments by Lender to Borrower and all <br />other loan advances permitted by this Security Instrument for any purpose. This lien priority shall <br />apply notwithstanding any State constitution, law or regulation, except that this lien priority shall <br />not affect the priorty of any liens for unpaid State or local governmental unit special assessments or <br />taxes. <br />22. Adjustable Rate Feature. Under the Note, the initial stated interest rate of <br />5.980 % which accrues on the unpaid principal balance ("Initial Interest Rate") is subject to <br />change, as described below. When the interest rate changes, the new adjusted interest rate will be <br />applied to the total outstanding principal balance. Each adjustment to the interest rate will be based <br />upon the weekly average yield on United States Treasury Securities adjusted to a constant maturity <br />of one year, as made available by the Federal Reserve Board in Statistical Release H.15 (519) <br />("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~terest <br />rate. The interest rate may c,b.apge on the first day of SEPTEMBER 2007 ,and on U that <br />day of each succeeding year l!J the first day of each succeeding month ("Change Date") until the <br />1I0an 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 ~e "Existing Interest Rate"). <br />(Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more <br />than 2. % higher or lower than the Existing Interest Rate, nor can it be more than 5.0% higher or <br />lower than the Initial Interest Rate. <br />[!J (Monthly Adjusting Variable Rate Feature) The Calculated Interest Rate will never <br />increase above FIFTEEN AND 980/1000 percent ( 15.980 %). <br />The Calculated Interest Rate will be adjusted if necessary to comply with these rate <br />limitation(s) and will be in effect until the next Change Date. At any Change Date, if the Calculated <br />Interest Rate 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 <br />shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all <br />notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the <br />Property without warranty and without charge to the person or persons legally entitled to it. Such <br />person or persons shall pay any recordation costs. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and <br />appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the <br />county in which this Security Instrument is recorded. Without conveyance of the Property, the <br />successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and <br />by 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 />66XB : 05/97 <br /> <br />'tf! / S/ <br /> <br />Page 7 <br />