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HomeMy WebLinkAbout1980-216 San Bernardino 60 ,005-39-1 RESOLUTION NO. 20 RESOLUTION OF THE CITY OF SAN BER`1AR.DINO, CALIFORNIA, APPROVING CERTAIN DOCUMENTS TO BE USED IN CONNECTION WITH ITS MORTGAGE REVENUE BOND PROGRAM' WHEREAS, the City of San Bernardino, California (the "City" ) , intends to issue Revenue Bonds designated "City of San Bernardino, Single Family Residential Mortgage Revenue Bonds, 1980 Series A" (the "Bonds") for its Program of Financing Residential Housing as provided in Ordinance No. 3853 approved by the Mayor and Common Council of the City on August 25 , 1979 , including any amendments thereto, providing for the issuance of mortgage revenue bonds pur- suant to the City Charter powers of the City; and WHEREAS, Section 1 .08 of the Rules and P.egul,a- tions of the City adopted in furtherance of its Program by appropriate resolution of the City dated April 7 , 1980 , provides that the forms of docurr•.ent:< to be employed for the making and processing of applications for Morri_c�aae Loans, for the making or purchasing of Mortgage Loans and for the administration of all matters related thereto shall be those of the Qualified Mortgage Lender and/or the Mortgage Insurer, subject to suitable modifications as to E113-1 (ds) 5/13/80 / San Bernardino 60 ,005-39-1 consistency with the ordinance and the General Resolution and shall be attached to the Rules and Regulations as exhibits when the same are in final form; and WHEREAS, Section 1 .09 of the Rules and Regula- tions, referred to above, requires the Qualified Mortgage Lender to submit certain documents to the City for approval; and WHEREAS , the City must now approve the form of such documents necessary for the administration of certain matters related to the Yrocram. NOW, THEREFORF, BE IT RESOLVED, DETERrtiINED AND ORDERED BY THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: Section 1. Approval of Documents . The documents, attached hereto and incorporated herein by reference are hereby approved as those which the City authorizes for use by the Qualified Mortgage Lender and the Mortgage Insurer in connection with the adninistration of the Financing of Residential Housing pursuant to the Ordinance . -2- E113-2 (ds) 5/13/60 San Bernardino 60 ,005-39-1 Section 2. Authorization . The City Clerk is hereby authorized and directed to attach a copy of the documents attached hereto to the Rules and Regulations of the City pursuant to Section 1 .08 of the Rules and Regulations . I HEREBY CERTIFY tha' the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a _ meeting thereof, held on the l y day of 1980 , —_—� by the following vote , to-wit: AYES: Councilmen NAYS: ABSENT: 6�:9�72Q/ .GrrCD�i City Clerk The foregoing resolution is hereby approv this �p day of , 1980 . r f t e ty of San Bernardino Approved as to form: City A orney -3- E113-3 (ds) 5/13/80 Santa Fe Federal Savings ADDENDUM TO INSTRUCTIONS TO ESCROW ON RDA LOANS n� FROM PROCEEDS DUE THE SELLER AT THE CLOSE OF YOUR ESCROW, PAY BY YOUR CHECK TO THE ORDER OF THE REDEVELOPMENT AGENCY OF SAN BERNARDINO THE EQUIVALENT OF 2% OF THE FACE AMOUNT OF THE DEED OF TRUST BEING RECORDED AT CLOSE OF THIS TRANSACTION. PLEASE MAIL THE ABOVE CHECK TO: REDEVELOPMENT AGENCY OF SAN BERNARDINO 300 NORTH "D" STREET SAN BERNARDINO, CA. 92401 Santa Fe Federal Savings 701 North E Street Chartered 1890 6 Loan Association San Bernardino, California 92403 Member: Federal Savings and Telephone 714 889-0231 Loan Insurance Corporation LOW NO. 11) (2) (3) (4) Appliaatbn is hereby made by the undersigned for membership in SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION in connection with the above numbered loan, it being understood that the first disbursement made by you on account of said loan shall constitute your acceptance as of that time of this application. A specimen of signature is shown below and you are hereby authorized to act without further inquiry in accordance with writings bearing any such signature. You are authorized to accept checks and other instruments for credit to the ban account, whether payable to one or more of the parties, and to supply any needed endorsement. You are relieved of any liability in connection with collection of all items handled by you without negligence, and you shall not be liable for acts of your agents, sub-agents or others or for any casualty. Any amount not collected, together with any kind of expense incurred as a result thereof or in the collection procedure, may be charged to said ban account as an advance on said ban, and such amounts shall be secured by any security instrument securing the ban. (1) (2) (3) (4) Date: SF78 5M 10.79 CP33543 NOTE US$....................................... ..................................,California City ......................................19... FOR VALUE RECEIVED,the undersigned("Borrower")promises)to pay....................... ..................................................................or order,the principal sum of .....................................................................I.........Dollars,with interest on the unpaid principal balance from the date of this Note,until paid,at the rate of................ .....................percent per annum.Principal and interest shall be payable at ............. ..... ........................................................I............or such other place as the Note holder may designate,in consecutive monthly installments of. ........................... ....... ................................................... Dollars(US E.. ......................... ), on the ................................................. .... ........day of each month beginning .............. ................................19.....Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid,except that any remaining indebtedness,if not sooner paid shall be due and payable on .......................................................... If any monthly installment under this Note is not paid when due and remains unpaid after a date speci- fied by a notice to Borrower,the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note holder.The date specified shall not be less than thirty days from the date such notice is mailed.The Note holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance.If suit is brought to collect this Note,the Note holder shall be entitled to collect all reasonable costs and expenses of suit,including,but not limited to,reasonable attorney's fees. Borrower shall pay to the Note holder a late charge of .......................percent of any monthly installment not received by the Note holder within......... .............days after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part.The Note holder may require that any partial prepayments l i l be made on the date monthly installments are due and(ii)be in the amount of that part of one or more monthly installments which would be applicable to principal. Any partial pre- payment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment,notice of dishonor,and protest are hereby waived by all makers,sureties,guarantors and endorsers hereof.This Note shall be the joint and several obligation of all makers,sureties,guarantors and endorsers,and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below,or to such other address as Borrower may desig- nate by notice to the Note holder.Any notice to the Note holder shall be given by mailing such notice by cer- tified mail,return receipt requested, to the Note holder at the address stated in the first paragraph of this Note,or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Deed of Trust,dated. ............... . .. .... ••••.••..................and reference is made to the Dead of Trust for rights as to acceleration of the in- debtedness evidenced by the Note,including paragraph 17 which provides as follows: "Transfer of the Property;Assumption. If all or any part of the Property or an interest therein is @old or transferred by Borrower without lender's prior written consent,excluding W the creation of a lion or encumbrance subordinate to this Deed of Trust,1bl the creation of a purchase money security interest for household appliances.Icl a transfer by devise,descent or by operation of law upon the death of a joint tenant or 1d1 the grant of any isasshold interest of three rears or less not containing an option to ourchass,Lender may,at Lender's option,declare all the sums secured by thin Dead of Trust to be immediately due and payable.Lender shall have waived such option to accelerate if.prior to the sale or transfer.Lander and the person to whom the Property is to be cold or transferred reach agreement in writing that the credit of such pernon is eaLis: - _y to Lander and that the interest payable on the sums secured by this Desd of Trust shag be at such me u Lender shall request.If Lender has waived the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lander, Lander shall release Borrower from all obligations under this Deed of Trust and the Note.If Lander exercises such option to accelerate.Lander shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof.Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period.Lander may,without further notice or demand on Borrower,invoke any remedies permitted by paragraph 18 hereof." ........................................... ........................................... ........................................... ........................................... ........................................... Proper ty Address ......... .................................. (Execute Original Only) CALIFORNIA-1 to 4 Famiy-8/79—FNMA 1FNLMC UNIFORM INSTRUMENT SF247 SM 12.79 CP35523 White•Original/Canary-File Copy/Pink-Borrower's Copy ADW-: :')1 v1 TO NOTE LOAN NU. In consideration of Santa Fe Federal Savings and Loan Association making a loan to the undersigned, the following provisions are incorporated in the Note of even date herewith to which this Addendum is attached, notwithstanding anything tD t.-:e contrary in said Note. P PAYNIENT may prepay all or part of the outstanding principal at any time, pro - .....c'. that if the aggregate amount paid in :uny 12 month period exceeds 207, of :__e original principal amount. Borrower a.l. ll pay the Notc hold_•r a prepayment ;e equal to 6 months advan�c interest, at thy: rate specified in the note, on amount of excess. SL\rLE-FAhlILS',C1�'Ni:R-OCCUPIED DW-ELLINGS e Deed of Trust securing the Note is on real property containing only a sinrIc- _ owner-occUpied-dwelling (as defined by California I-r::), no prepayment %%hatever shall be payable with respect to any prepayr--nt made on or af- ter _ne expiration of 5 years after the date of execution of the Deed of Trust. D--=-CULT Should default be made in the payment of any installment when due, or in the per- -ormance of any provision or condition contained in the Deed of Trust securing the Note, the entire outstanding principal and accrued interest shall become immedi- ately- due at the option of the Note Holder. RECONVEYANCE Contrary to item 22 of the Deed of Trust securing this and any subsequent Notes, upon payment of all sums secured by the Deed of Trust. Lender shall request Trust- ee to reconvey the Property and shall surrender the Deed of Trust and all notes evidencing indebtedness secured by the Deed of Trust to the Trustee. Trustee shall reconvey the Property without warranty and with reasonable charge to the ?erson or all persons legally entitled thereto. Such person or persons shall pay all costs or recordation, if any. PARTIAL INVALIDITY In the event any provision of the Note or the Deed of Trust securing it or of this addendum is held to be invalid, such holding shall not invalidate any of the remain- ine provisions of the Note or Deed of Trust or this addendum. TZRMINATION OF ADDENDUM In the event the Note to which the Addendum is attached shall be assigned, trans- :erred or sold to the Federal Home Loan Mortgage Corporation, or the Federal National Mortgage Association, or any successors, the holder of the Note to which `.is Addendum is attached shall have the right to cancel and terminate this Add,.n- `.rm at its sole discretion. In such event, the provisions of the Note; absent this --addendum, shall continue in full force and effect as if this Addendum has not been executed. Property Address Borrower Borrower Borrower Borrower WHEN RECORDED MAIL TO SANTA FE FEDERAL SAYINGS AND LOAN ASSOCIATION 701 North "E" Street San be nardino, California 92403 SPACE HOVE THIS IN FOR RgCMCXRIS USE DEED OF TRUST THIS DEED OF TRUST is made this day of 19 among the Trustor, (herein "Borrower"), INDEPENDENT ENCUMBRANCE SERVICE,a Corporation(herein '"Trustee"),and the Beneficiary, SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of THE UNITED STATES OF AMERICA, whose address is 701 "E" Street. San Bernardino, California 92403 (herein "Lender"). Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale,the following described property located In the County of State of California which has the address of , ' tst—t (herein "Property Address"): (City) tsar.and AP Coaq Together with all the improvements now or hereafter erected on the property,and all easements,rights. appurtenances, rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), royalties,mineral,oil and gas rights and profits,water,water rights,and water stock,and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust:and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the "Property": To Secure to Lender (a) the repayment of the indebtedness evidenced by Borrower's note dated---- (herein "Note"), in the principal sum of Dollars, with interest hereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on the payments of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust;and the performance of the covenants and agreements of Borrower herein contained:and (b) the repayment of any future advances, with inter- est thereon, made to Borrower by Lender pursuant to paragraph 21 hereof(herein "Future Advances"). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands,subject to any declarations,ease- ments or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. CALIFORNIA - t to 4 Family—5/75—FNMA/FHLMC UNIFORM INSTRUMENT SF245 3M 7.79 CP70224 UNtroaM CovENANTS. Borrower and Lender covenant and agree as follows: 1. Payssent of Principal and Inlereta. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note,prepayment and late charges as provided to the Note,and the principal of and interest on any Future Advances secured by this Deed of Trust. 2 Fossils for Taisas and Ltswanee. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Note,until the Note is paid in full. a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessment& which may attain priority, over this Deed of Trust,and ground rents on the Property,if any,plus one-twelfth of yearly premium installments for hazard insurance. plus one-twelfth of yearly premium installments for mortgage insurance,if any.all as reasonably estimated initially and from time to time by Lander on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency(including Lender if Lender is such an institution). Lender shall apply the Funds to pay sai es d taxes.asssments. insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable lass its Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of thi, Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable lass requires such interest to be paid.Lender shall not be required to pay Borrower any interest or earnings on the Funds Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds wait made. The Funds are pledged as additional security for the sums secured y this Deed of Trust If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior ti, the due dates of taxes,assessments,insurance premiums and ground rents,shall exceed the amount required to pay said taus. assessments, insurance premiums and ground rents as they fall due such excess shall be. at Borrowers option either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Fund, held by Lender shall not he sufficient to pay taxes, assessments. insurance premiums and ground rents as they fall due Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice n mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust. Lender shall promptly refund to Borrower an% Fund, held by Lender If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by 1 ender Lende, shall apply. no later than immediately prior to the sale of the Property or its acquisition by Lender any Funds hell by Lender at the time of application as a credit against the sums secured by this Deed of Trust 3. Application of Payments. Unless applicable law provides otherwise. all payments received by Lender under the Note and paragraphs I and 2 hereof shall he applied by Lender first in payment of amount, payable to Lender M Born�wer under paragraph 2 hereof,then to interest payable on the Note,then to the principal of the Note. and then to interest and prinopal on any Future Advances 4. Chas se tes:Liens. Borrower shall pay all taxes. assessments and other charges. fines and lint"ltions attributable tr the Property which may attain a priority over this Deed of Trust. and leasehold payments or ground rents. if any. in the manner provided under paragraph 2 hereof or.if not paid in such manner. by Borrower making payment.when due directh to the payee thereof. Borrower shall promptly furnish to Lender all notice,of amounts due under this paragraph and in the event Borrower shall make payment directly. Borrower shall promptly furnish to Lender receipts evidencing such payments Borrower shall promptly discharge any lien which has priority over this Deed of Truisr provided.that Borrower ,hall not he required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured b, such hen in a manner acceptable to Lender.or shall in good faith contest such lien by,or defend enforcement of such hen m legal Proceeding, which operate to prevent the enforcement of the lien or forfeiture of the Property or am pare thereof S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Propert, insured against loss by fire. hazards included within the term "extended coverage . and such other hazards as Lender may require and in such amounts and for such periods a,Lender may require.provided that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pa, the sum, secured by this Deed of Trust The insurance carrier providing the insurance shall he chosen by Borrower subject to approval bs Lender. provided. that such approval shall not he unreasonably withheld All premiums on insurance policies shall he paid in the manner provided under paragraph 2 hereof or,if not paid in such manner, by Borrower making payment, when due. directly to the insurance carrier. All insurance policies and renewals thereof shall he in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptahle to Lender. Lender shall have the right to hold the policies and renewal, thereot. and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of lox,. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss it not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged.provided such restoration or repair is economically feasible and the securits of this Deed of Trust i, not thereby impaired If such restoration or repair is not economically feasible or if the securo of this Deed of l rust would be impaired,the insurance proceeds shall be applied to the sums secured by this Deed of Trust.with the exces,. it any. paid to Borrower. If the Property is abandoned by Borrower,or if Borrower faik to respond to Lender within 30 dad, from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefit, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Propem or to the sums secured by this Deed of Trust Unless Lender and Borrower otherwise agree in writing. any such application of proceeds to principal shall not extend or postpone the due date of the monthh installments referred to in paragraphs I and 2 hereof or change the amount of such installments If under paragraph I R hereof the Property is acquired by Lender,all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior no the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediateh prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit wdsic of permit impairment or deterioration of the Propertv and shall comply with the provisions of any lease if this feed of T rust is on a leasehold It this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and consmuen: document, If a condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreement, of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a pan hereof 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in thi, Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property. including, but not limited to,eminent domain, insolvency. code enforcement, or arrangements or proceeding, invoking a bankrupt or decedent,then Lender at Lender's option,upon notice to Borrower, may make such appearances. disburse such sums and take such action as is necessary to Protect Lender's interest, including. but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs If Lender required mortgage insurance as a condition of making the loan secured by this feed of Trust. Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon. shall become additional indebtedness of Borrower secured by,this Deed of Trust. Unless Borrower and Lender agree to other terms of payment.such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof,and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. S. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property,provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages.direct or consequential, in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing,there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of Lakin g bears to the fair market value of the Property immediately prior to the date of taking,with the balance of the proceeds Paid to Borrower. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust Unless Lender and Borrower otherwise agree in writing,any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs I and 2 hereof or change the amount of such installments 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release. in am manner. the liability of the original Borrower and Borrower's successors in interest. Lender shall not he required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy The procurement of insurance or the payment of taxes or other hens or charges by Lender shall not be a waiver of Lender s right to accelerate the maturity of the indebtedness secured by this Deed of Trust 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to am other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently. mdependentfs or successively. 13. Successors and Assigns Bound; Joint and Several Ll"Ity; Captions. The covenants and agreements herein contained shall bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under apppplicable law to be given in another manner. (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by cenified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein. and (b) any notice to Lender shall be given by certified mail. return receipt requested. to Lender's address stated herein or TO such other address as Lender may designate by notice to Borrower as provided herein Any notice provided for in thi, Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein 15. Uniform Deed of Trust;Governing Law;SeverabiBty. This form of deed of trust combines uniform covenant, for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform securits instrument covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located In the event that any provision or clause of this Deed of Trust or the 'rote conflicts with applicable law, such conflict shell not affect other provisions of this Deed of Trust or the Note which can he given effect without the conflicting prosiston, and to this end the provisions of the Deed of Trust and the Note arc declared to he severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. Transfer of the Properly:Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent. excluding i a I the creation of a lien or encumbrance subordinate t this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, i c f a transfer M desue descent or by operation of law upon the death of a joint tenant or(d) the grant of any leasehold interest of three years or less not containing an option to purchase,Lender may,at Lender's option,declare all the sums secured by this Deed of Trust to he immediately due and payable Lender shall have waived such option to accelerate if. prior to the sale or transfer. Lender and the person to whom the Property is(o be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall he at such rate as Lender shall request If Lender has waived the option to accelerate provided in this paragraph 17,and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower tram all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate. Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period Lender may,without further notice or demand on Borrower,invoke any remedies permitted b% paragraph IF hereof NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust,Lender prior to acceleration shell mall notice to Borrower m provided in paragraph 14 hereof specifying: (1)the breach;(2)the action required to cure such breach;(3)a date,not less than 30 days from the date the notice is mailed to Borrower,by which such breach most be cured;and(4)that failure to cure such breach on or before the date specified in The notice may result in acceleration of the sums secured by this Deed of Trust and ask of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the son- existence of a default or any other defense of Borrower to acceleration and ask. If the breach is am cured net or before the date specified in the notice,Leader at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of ask and any other remedies permitted by applicable law. Leader shag be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 18,including,but not limited to,reasonable attorney's fees. If Lender invokes the power of sale.Lender shell execute or cause Trustee to execute a written notice of the occurrence of as event of default and of Lender's election to cause the Property to be sold and shell cause such notice to be recorded in each county in which the Property or some pan thereof is located. Lender or Trustee shall mail copies of such notice in the maser prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. Trustee shall gi.e psblk notice of sale to the persons and In the rummer prescribed by applicable law. After the lapse of such time as may be required by applicable law,Trustee,without demand on Borrower,shag sell the Property st public auction to the highest Mulder at the time and place and msder the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or say eel of the Property by public announcement at the time and place of any previously scheduled oak. Lender or Lender's=nee may purchase the Property at any ask. Trustee sbd deliver to the purchaser Trustee's deed conveying the Property so sold wkbout any covenant or warranty, expressed or implied. The rockah is Ibe Trustee's deed shall be prima facie evidence of floe truth of the statements made tberefa. Trustee shelf apply the proceeds of the ask In the following order:(a)to d reasonable costs and expenses of the sale. Including but sot Hofted to,reasonable Trustees and attorney's fees and costs of title evidence; (b)to all sums secured by that Deed of Trot;and(e)The excess,N my,to the persom or persons legally entitled thereto. 19. Borrowers Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property punuant to the power of sale contained in this Deed of Trust or at am time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred. (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust:(c) Borrower pays all reasonable ax uses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Dtxd of Trust,and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof. including, but not limited to, reasonable attorneys fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,Lender's interest in the Property and Borrowers obligation to pay the sure secured by this Deed of Trust shall continue unimpaired. Upon ranch paymem and are by Borrower,this Deed of Trust and the obligation seemed hereby shall remain in full force and eRect u if no accele ration had occurred. 28• Atelpessat of Resells;A/pietreed of Receiver,Leader Y Possession. As additional security hereunder,Borrower hereby anigro to Leader the rams of the Pro perty,provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of this Property,have the right to collect and retain such rents u they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Propert y and to collect the rents of the Property includin`those pest due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fen, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to a000um only for thoee rents actually received. 21. Punsm Advaisns. Upon request of Borrower.Lender,at Lender's option prior to full reconveyance of the Property by Trustee to Borrower,may make Future Advances to Borrower. Such Future Advances,with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby 22. Rseoaveyssree. Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation,if any. 23. 9a6aWute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoinn a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title,power and duties conferred upon the Trustee herein and by applicable law. 24. Request for Nottfea Borrower requests that copies of the notice of default and notice of We be sent to Borrower's which hich is the Property Address. 29. Staseesed of C 6Bptbn. Lender may collect a fee not to exceed$15 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California, IN WITNESS WHEREOF,Borrower has executed this Deed of Trust. ....... .. ............ .. . . .... .. .. .. .. .............. .. --sorrower ............. . . .. ...... .. .... .. .. .. .................. —borrower STATE OF CALI FORNIA.... ............ .......... ...... .. . . .....County ss: On this . . .. . . .. .. .. .day of. .. .. . . .. .. ... 19. . . .,before me,the undersigned,a Notary Public in and for said State,personally appeared. .. .. .. .. .. .. .. .. .. . .. .... .. .. .. .. .. .. .. .. .. ...... .. .. .. .... .... . .... .. .. ... ... .. .. .. .... . .... ... .. .. ...known to me to he the person(s) whose name(s). . . . .. .. .. .. subscribed to the foregoing instrument and acknowledged that. . . .... .. .. ...... .executed the same WITNESS my hand and official seal. Signature:. . . .. .. . . . ............... .... .. ........ ...... (RWrvao tot OFF-cis'sae') . .. .. . . . . . . .. .......... ...... ...... I..... ............ No"(tyW or Printed) My Commission expires: REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust. have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust. which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Decd of Trust to the person or persons legally entitled thereto. Dated:............. ...... ........ ... .................... ........ ............ .......... (Spans salott This Line Reserved For Lander snld Rocordar) sterns secured by this Deed of Trust shall continue unimpaired. U such payment and cure by Borrower,this Dead of Trust and the obligation secured busby shall remain in full force and effect as if no acceleration had occurred. 20. AalLereem of Rear;ANointmeW of Receiver,fwder in Foo dots. As additional security hereunder,Borrower busby assions to I ender the mots of the Property, ovided that Borrower shall, prior to aecaleration under paragraph IS hereof or abandonment of the Property,have the ri t to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 he or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Pro and to collect the mob of the Property including those put due. All rents collected by Lender or the receiver shall be a ied first to payment of the cops of manassmeot of the Property and collection of rents,including,but not limited to, recerver's fen, premiums on receiver's bonds and reasonable attorney's feu, and then to the sums secured by this Deed of Trust. Lender Rod the receiver shall be liable to account only for those rents actually received. 21. Pshwe Advances. Upon request of Borrower,Lender,at Lender's option prior to full reconveyance of the Property by Trustee to Borrower, may make Future Advances to Borrower. Such Future at,=, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. 22. Romvsyse . Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto Such person or person shall pay all costs of recordation,if any. 23. Substitute 7nW*e. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee chap succeed to all the title,power and duties conferred upon the Trustee herein and by applicable law. 24. Request for Notices. Borrower requests that copies of the notice of default and notice of ask be sent to Borrower's address which is the Property Address. 29. 9taseoeM of ObIgatioa. Lender may collect a fee not to exceed$15 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. IN WITNESS WHEREOF,Borrower has executed this Deed of Trust. ............... .. ........ ...... ...................... —�ewrpl�N ............I............ ...... ...................... STATE OF CALIFORNIA.. .... .... ........ .............. .........County ss: On this. . .. . .. ... ... .day of. .. .. .. .. .... ... 19. .. .,before me,the undersigned,a Notary Public in and for said State,personally appeared. .. ................ .......... .. .... ...... ............ .. .......... ..... .. .. .. .... .. .... ................ . ..known to me to be the person(s) whose name(s). ...... .. .. .. subscribed to the foregoing instrument and acknowledged that............... ...executed the same. WITNESS my hand and official seal. Signature:... .. .. .. ........ .. .... ............ .......... (Reserved for aftieNl seell ... ...... .. .......................................... Name(typed or printed) My Commission expires: REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated:. .. ........................ ................... .... .. ............................ (Spam lks w This Line Reserved For Lender and Recorder) SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION Notice to Customer Required by Federal Law and Federal Reserve Regulation 2 Mel Property Transaction Secured by a First Lien on Dwelling LOAN i1 LOAN AMOUNT$ NAME OF BORROWER(S) ADDRESS A ❑ Payments for principal and interest %par annum plus Mori~Insurance of %per annum on this transaction shell be in monthly installments REPAYMENT SCHEDULE SHOWN BELOW. ❑ Payments for principal and interest %per annum on this transaction shah be in monthly Installments of S each. The first payment on this transaction shah begin on the day of '19 and due on the day of each month thereafter B The FINANCE CHARGE ON THIS TRANSACTION WILL BEGIN TO ACCRUE ON DATE OF FIRST DISBURSEMENT OF Loan Proceeds C CHARGES NOT PART OF FINANCE COSTS D PREPAID FINANCE CHARGE (Paid from any source) 1 Title Charges $ 1 Loan fee pd by seller $ '2 Recording fees 2 Loan fee pd by Buyer 3 Appraisal fees 3 Int Prepaid to 1 month 4 Credit report prior to First Pmt 5 Notice of Completion 4 Mtge ins ( months) 6 To impounds 5 Tax Service 7 Prepare documents 6 PMI Ins Premium 8 Hazard Insurance(1 yr) 7 9 Photo Inspection Fee 8 10 Escrow Fee 9 '1 1 Termite Fee 10 12 Total Charges S PREPAID FINANCE CHARGE$ Net proceeds(estimated) $ E AMOUNT FINANCED $ 'NOTE Any figures in Secfigns C 6 D above with asterisks are estimated F ANNUAL PERCENTAGE RATE % G GRADUATED PAYMENT MORTGAGE—This plan provides for increasing monthly payments for a period of years Deferred interest shall be added to the principal balance monthly The maximum aggregate amoum by wr)nch ae+erred interest shall increase The principal is$ The principal balance w:1:increase to$ at the end of line loan year H LATE CHARGE-in the event paym@nt is not received within 15 days of the date due a late charge of %of the monthly payment must be paid by Borrower to Lender In Me event of default resulting in commencement of foreclosure proceedings charges costs and fees will be levied in accordance w,tt•The Civil Code or as may be awarded by the Court I PREPAIME%' nR:v:LEGE-Tn,s loan may be prepa,c�r.wno:e Da-i as follows Borrowe'may reoav ine:cia- , ca" '^f,;.a,any time In ine even,or preDavrne^' Bor'owe' Gna ado'r' 'C rhP o, �a and tares a prepayment Denali, ar amo�in'r c,a *, +it,mon?,c advance,niP,e,'or tree ca" a v,Pcav­ ' mace on rr,(_Loa­any swerve 1 morn,,pe•ioe w,),c-e>'ceedr Iweniy De'ce-':�' .o' ..-„ _ _ Lf A'ar. wiinpu'penalty LJ FHA—upon 30 days notice on the first day of any month J in the even'o'o,epavment none of the FINANCE CHARGES i, Paragrapr C&El will be recaieci ie Ba•owe SECl1P'T° INTERES'- The Lender s security interest in Tb T'ansachon 6 a trust oeed covennq rea'prope^y and impoveme�:-:OCatP.^,d and Carta,oine,nghis and property relaiing thereto all as oescnbed it the trust deed a copy of wn,cn will DF prov,eer. T^:r,s i oeec tiPc.ne`app,c,P future adva'ice5 and oine'rndebledness the terms of which a,e oescriDeo tnereir The irust deed aisc cove-a"e'a(:au, PC p'oDi io(wfec�)' or 18Ched Ic!hp opsCr:Ded real properly A security agreement will not be taken on furniture fr>,tures and eouionne^' K INSURANCE-Flre and other hazard insurance protecting the property It written in connection with;his loan may bF opiatnee nv cxi owe'Inr Ouc,any De,son or nis choice provided however the lender may for reasonabie cause refuse to accep+an iinsure,or.an,stir ms"lance wnlc^ reo""ea n borrower desires property insurance to be obtained Througn the:ender s designated agency The cos,w:r De bp,to'ln ,a sera a?, ins,.an'e ClatPme^ furn:snec by The agent L LOAN Column If 1 Column N2 Column N 1 Column 02 Column N 1 Column#2 REPAYMENT 12 monthly with first 12 monthly with first 12 monthly with first SCHEDULE payments of payment due payments of payment due payments of payment due Pnncipal and Finance Charge (Interest and Mortgage Insurance) Payments Do Not Include Reserves. i.e,Taxes.Assess- ments.Fire or Flood Insurance I(We)hereby acknowledge receiving and reading a completed copy of this disclosure along with copies of the documents provided Notwithstanding any existing agreement with the lender to the contrary,the lender and each borrower understands that this is not an offer or commitment of the lender to lend. Borrower Borrower Borrower Borrower Date SF37 REV.4M 10-79 CP33644 DATE LOAN NO. SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION 701 "E" STREET SAN BERNARDINO, CALIFORNIA 92403 GENTLEMEN: WE, THE UNDERSIGNED, UNDERSTAND OUR MONTHLY MORTGAGE PAYMENT WILL BE APPROXIMATELY $ THIS FIGURE IS BASED ON THE FOLLOWING BREAKDOWN: PRINCIPAL AND INTEREST $ TAX IMPOUND $ FIRE INSURANCE IMPOUND $ FLOOD INSURANCE IMPOUND $ PRIVATE MORTGAGE INSURANCE E FHA MORTGAGE PREMIUM $ TOTAL PAYMENT $ WE ALSO UNDERSTAND THAT THE TOTAL MONTHLY PAYMENT MAY CHANGE BASED ON THE AMOUNT OF HAZARD INSURANCE WE WILL CARRY ON THE PROPERTY. WE ARE AWARE THAT THE MONTHLY PAYMENT MAY INCREASE OR DECREASE EACH YEAR DUE TO INCREASES OR DECREASES IN ANNUAL TAXES AND/OR INSURANCE PREMIUMS. SF39 3M 6-78 CP25645 NOTICE REGARDING IMPOUND ACCOUNTS California Civil Code 2954 provides in part as follows: (a) No impound, trust or other type of account for payment of taxes on property, insurance premiums or other purposes relating to the property shall be required as a condition of a real property sale contract or a loan secured by a deed of trust or mortgage on real property containing only a single-family owner-occupied dwelling, except: (1) where required by a state or federal regulatory authority; or(2)where a ban is made, guaranteed, or insured by a state or federal governmental lending or insuring agency; or (3) upon a failure of the purchaser or borrower to pay two consecutive tax installments on the property prior to the delinquency date for such payments;or(4)where the original principal amount of such a loan is(i)90 percent or more of the sale price, if the property involved is sold, or is (ii) 90 percent or more of the appraised value of the property securing the loan . . . . (c) As used in this section, "single-family, owner-occupied dwelling" means a dwelling which will be owned and occupied by a signatory to the mortgage or deed of trust secured by such dwelling within 90 days of the execution of such mortgage or deed of trust. NOTICE IS HEREBY GIVEN THAT: 1. Establishment of an impound account ❑ shall ❑ shall not be required as a condition to the execution of the loan or sale agreement; and 2. In the event an impound account is established, interest ❑ shall ❑ shall not be paid on the impound account.In the event interest is paid, it will be paid at the rate of two percent(2%)simple interest per annum and shall be credited to Borrower's impound account annually or upon termination of such account, whichever is earlier. Each of the undersigned acknowledges receiving a copy of this Notice prior to the execution of the loan or sale agreement. Date Borrower Signature Borrower Signature SF271 SM 8.78 CP26617 AGREEMENT TO ESTABLISH AN IMPOUND ACCOUNT This Agreement is made by and between Santa Fe Federal Savings and Loan Association, (hereinafter referred to as"Association")and the party or parties designated below as Borrower,(herein collectively"Borrower") Whereas Borrower,upon consummation of a loan in process.identified below,will become indebted to Association,and Whereas,the repayment of such indebtedness will be secured by a Deed of Trust for the benefit of Association encumbering red property owned by Borrower, and Whereas Borrower and Association desire to establish an impound account to provide funds for the payment of property taxes. in connection with the real property secured for the said indebtedness Now Therefore,in consideration of the mutual covenants herein contained the parties hereto agree as follows t Borrower shill pay to Association.in addition to the payment of principal and interest on the loan,an amount to be held by Association in an impound account for the payment of property taxes in connection with the real property secured for the subject ban AN of such payments shall be hereinafter referred to collectively as 'charges' 2 Association shall periodically estimate the annual charges and the monthly payment required to provide adequate funds for the timely payment of each of the charges and shall notify Borrower of the monthly payment to be made to the impound account to provide sufficient funds therein for the timely payment of all charges Borrower shall pay monthly in advance at the time of payment of principal and interest on the subject ban such estimated amount 3 At the inception of the ban Association may pay into the impound account from the loan proceeds an amount sufficient,when added to estimated monthly impound payments.to assure timely payment of charges which will become due within five months after the disbursement of the ban proceeds 4 Borrower shall. upon request of Association. promptly deposit additional sums into the impound account to cover any deficiency in the amount required for timely payment of charges 5 Association shall pay, prior to delinquency,all charges of which it has actual knowl- edge provided that sufficient funds to fully pay each charge are in the impound account not less than 15 days prior to the delinquency of such charge, and further provided that Borrower is not then delinquent under the subject loan 6 In the event of default by Borrower in the payment of any installment or portion thereof required by the note or notes evidencing the subject ban or in the performance of any obligation of Borrower under the trust deed securing repayment of the subject ban, then in either of such events,and at any time during the continuance of any thereof.Association is authorized to pay from the impound account a all or any part of such delinquent installments and b all or any part of the cost of or expense incurred in curing the default under the said trust deed 7. Interest at the rate of two percent(2%)simple interest per annum_shall_shall not be paid by Association to Borrower on funds held in the impound account Interest shall be credited to Borrower's impound account annually or upon termination of such account, whichever is earlier 6 No charge shall be made by Association to Borrower for services rendered by Association in connection with this Agreement Borrower Name Loan No Date of Agreement (Borrower Signature) SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION,a corporation (Borrower Signature) By SF270 3M 2.79 CP29432 NOTICE OF REQUIREMENT FOR EARTHQUAKE INSURANCE AND ACKNOWLEDGEMENT OF NOTICE IN CONNECTION WITH THE LOAN WHICH IS CURRENTLY BEING MADE TO OR ASSUMED BY YOU, SANTA FE FEDERAL SAVINGS AND LOAN ASSOCIATION REQUIRES EARTHQUAKE INSURANCE COVERAGE BE PROVIDED AT ALL TIMES DURING THE LIFE OF THE LOAN. BORROWER ACKNOWLEDGES RECEIPT OF THIS NO- TICE. LOAN NUMBER PROPERTY ADDRESS DATE RECEIPT OF A COPY OF THIS NOTICE IS HEREBY ACKNOWLEDGE: Date MIMAL NATIONAL MORTGAGE ASSOCIATION AFFIDAVIT OF PURCHASER AND VENDOR 1. FARTIES: (Name ash address) Lender MorWW Insurer (If ggbcabie) Property VwWor Pr"a y Pmeheser il. FROPMTY ADDRESS OR LEGAL DNCRIFTION:IAttach suppismenul Sheet if mcnearyl III. THE PURPOSE OF THE IRAN ON THIS PROPERTY IS: O To purchase it from the above vendors—TOW Purchase Prig...............................t ❑To refinance outstanding debt. 0 Other(Explain) IV. FINANCIAL TERMS: First Mortgage Amount ...................................................................t Cash Equity INot necessary for ntiaaacel .............................................. ...... Secondary Financing: Amount ....................................................................... ....... Interest Rate %Term I Mos) Monthly Payment t Name and Address of Holder: Other(Explain I Total Purchase Price INot necessary for refinance) ..............................................t V. LIENS: If this ban exceeds W%of the appraised value or the purchase price of the property described in Item 11 above,no lien or charge upon such property has been given or executed or has been contracted or agreed to be so given or executed by Property Purchaser to any person.including Property Vendor,except for(1 I liens disclosed in Item TV hereof.or(2)lien&or charges which will be discharged from the proceeds of the subject mortgage. V1. OCCUPANCY: Purchaser is now actually occupying the property described in Item 11 above or in good faith intends to so occupy such property an the principal residence VII INDUCEMENT:The certifications of this Affidavit are for the purpose of inducing the Lander named above or its assignees to make or purchase the first mortgage described by this Affidavit,and inducing the Mortgage Insurer,if any,to insure such ban.Those executing this Affidavit acknowledge that if this loan exceeds 80%of the value or purchase price of the property and is made by a Federal Savings and Loan Association,and/or is subsequently purchased by a Federal Savings and Loan Association,the certification of this Affidavit shell be used for the purpose of inducing a Federal Savings and Loan Association to enter into such transaction and that the provisions of Section 1014 of Title 18,United States Code,which provide in part"Whoever knowingly makes any false statement or report for the purpose of influencing in any way the action of ..a Federal Savings and Loan Association...upon any application...shall be fined not more than $6,000 or imprisoned not more than two years or both,"an applicable to such transaction. VIII. PROPERTY VENDOR:The PROPERTY VENDOR hereby certifies that,to the extent PROPERTY VENDOR is a party,the Financial Terms.including Total Purchase Price,and the Liens are as set forth in Items III and TV above,hereby acknowledges the inducement purpose of this Affidavit as set forth in Item VII above,and certifies that certain of the prepaid expenses involved in the transaction(i.e. interest charges,real estate taxes,hazard insurance premiums,and private mortgage insurance renewal premiums)have not been paid by the vendor on behalf of the property purchaser. Sworn to and subscribed before me (Signature) this day of 19_ 1Sigaature1 Notary Public for County,State of (Signacnro) 1 Notarial Seal I 18igratun I Date IX. PROPERTY PURCHASER:The PROPERTY PURCHASER hereby certifies that the Financial Terms,including Total Purchase Price, the Lions and Occupancy are as set forth in Items 111,IV,and VI above,and hereby acknowledges the inducement purpose of this Affidavit as set forth in Item VII above. Sworn to and subscribed before me (Signaturol this day of 19_ 16ignature) Notary Public for County.State of 18igaacun I 1 Notarial Seal l ISigaatural Date X. LENDER:Lender,by execution hereby,represents that the aforementioned statements are$rte and cornet to the best of its knowledge. (Lsoderl by (Signature) ITtrla) Date LENDER USE ONLY Value t Mortgage t Percent of loan to Value %. This form should be executed by purehaesrl s).vsndorl e I and lender no later than the date on which any disbursement on the ban is nude. SF274 25C 10-79 CP34029 FNMA FORM 100&Jan.77