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RecDoc202-081040 Deed of Trust 1231 Warren #105
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RecDoc202-081040 Deed of Trust 1231 Warren #105
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12/21/2022 11:38:33 AM
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Deed
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Deed of Trust 1231 Warren #105
Doc Num
2022-081040
Rec Date
11/22/2022
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Doe ll)#:XXXXXXxxx647 <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) <br />any condition caused by the presence, use, or release of a Hazardous Substance that adversely affects the value of the Property. <br />If Borrower learns, or is notified by any governmental or regulatory authority or any private party, that any removal or other <br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower will promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing in this Security Instrument will create any obligation on <br />Lender for an Environmental Cleanup. <br />25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the debt for this Loan is <br />electronic, Borrower acknowledges and represents to Lender that Borrower; (a) expressly consented and intended to sign the <br />electronic Note using an Electronic Signature adopted by Bo ' rrower ("Borrower's Electronic Signature") instead of signing a <br />paper Note with Borrower's written pen and ink signature; (b) did not withdraw Borrower's express consent to sign the <br />electronic Note rising Borrower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's <br />Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its terms; and (d) <br />signed the electronic Note with Borrower's Electronic Signature with the intent and understanding that by doing so, Borrower <br />promised to pay the debt evidenced by the electronic Note in accordance with its terms, <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />26. Acceleration; Remedies. <br />(a) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration following Borrower's <br />Default, except that such notice of Default will not be sent when Lender exercises its right under Section 19 unless Applicable <br />Law provides otherwise. The notice will specify, in addition to any other information required by Applicable Law: (i) the <br />Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or as otherwise specified by Applicable <br />Law) from the date the notice is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on <br />or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property; (v) Borrower's right to reinstate after acceleration; and (vi) Borrower's right to bring a court action to deny the <br />existence of a Default or to assert any other defense of Borrower to acceleration and sale. <br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date specified in the notice, <br />Lender may require immediate payment in full of all sums secured by this Security Instrument without further demand and may <br />invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be entitled to collect all expenses <br />incurred in pursuing the remedies provided in this Section 26, including, but not limited to: (i) reasonable attorneys' fees and <br />costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property and/or <br />rights tinder this Security Instrument, <br />(c) Notice of Sale; Sale of Property. If Lender invokes the power of sale, Lender will execute or cause Trustee to <br />execute a written notice of the occurrence of an event of Default and of Lender's election to cause the Property to be sold, <br />Trustee will cause this notice to be recorded in each county in which any.part of the Property is located. Lender or Trustee will <br />mail copies of the notice as prescribed by Applicable Law to Borrower and to the other required recipients, Trustee will give <br />public notice of sale to the persons and in the manner prescribed by Applicable Law. At a time permitted by, and in accordance <br />with Applicable Law, Trustee, without further demand on Borrower, will sell the Property at public auction to the highest <br />bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines, Unless prohibited by Applicable Law, Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any <br />sale. <br />(d) Trustee's Deed; Proceeds of Sale. Trustee will deliver to the purchaser a Trustee's deed conveying the Property <br />without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed will be prima facie or conclusive <br />evidence of the truth of the statements made in that deed, in accordance with Section 2924(c) of the Civil Code of California. <br />Trustee will apply the proceeds of the sale in the following order: (i) to all expenses of the sale, including, but not limited to, <br />reasonable Trustee's and attorneys' fees; (ii) to all sums secured by this Security Instrument; and (iii) any excess to the person <br />CALIFORNIA—Single Family --Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3005 07/2021 <br />CALIFORNIA DEED OF TRUST (SIDOT.CA) <br />25283.8 (11/22) Page 15 of 17 BANK OF AMERICA, N.A. <br />*1024466473616404000* <br />o <br />
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