Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (2024)

Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (1)

Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (2)

  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (3)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (4)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (5)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (6)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (7)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (8)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (9)
  • Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (10)
 

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av a 8 DATE FILED: January 21, 2016 2:52 PM FILING ID: 5E8FF83169653 CASE NUMBER: 2016CV 30216 aun nver Dor | 2007195078 Page iore 12/2642007 98.319, Ras .eo bo.¢e {Space Above This Line For Recording Data}State of Colorado FHA Case No iia ADJUSTABLE RATE HOME EQUITY CONVERSION DEED OF TRUSTTHIS DEED OF TRUST ("Security Instrument") is mace on 12/17/07, among thegrantor JAMES W GORDON, A SINGLE PERSON AND IRA MAK GORDON, A SINGLEPERSONwhose address is 1515 ONEIDA stDENVER, CO 80220 (*Borrower"),the Public Trustee af Lenverw County ("Trustee") and the beneficiary,WELL! , NB, » which Isorganized and existing under the laws of THE UNITED STATES . and whose adcress isP.O. BOX 11701NEWARK NJ 071014701 (“Lender”). Borrower has agreedfo repay to Lender amounts which Lender is obligated ta advance, including future advances, underthe terms of a Home Equity Conversion Loan Agraement dated the same date as this Securityinstrument (“Loan Agreement"). The agreement to repay is evidenced by Borrower's Note dated thesame date as this Security Instrument ("Nate"). This Security Instrument secures to Lender: {aj therepayment of the debt evidenced by the Ncte, with interest at a rate subject to adjustment, and alrenewals, extensions and modifications of the Note, up to a maximum principal amount ofFOUR HUNDRED THIRTY FIVE THOUSAND AND 00/100(U.S. $ 435, 000,00 ); (b) the payment of all other sums, with interest, advanced underParagraph S to protect the security of this Security instrument or otherwise due under the terms ofthis Security Insteument; and (c) the performance of Borrower's covenants and agraements underthis Security Instrument and the Note. The full debt, including amounts described in (a), (o}, and (6)above, if not paid earfier, is due and payable on NOVEMBER 28TH 2074 . For this purpose,Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveysto Trustee, in trust, with power of sale, the following described property located inDENVER County, Colorado:NMFL #88100 (QMCO} Rev 05/01/2006BAXB: 02/02 Page t YuePo ddn LOTS 21 AND 22, BLOCK 20, HAYDEN AND DICKENSON’S SUBDIVISION, CITY AND COUNTY OF DENVER, STATE OF COLORADO which has the address of 1515 ONEIDA ST [Street DENVER, CO 80220 [City, State, Zip} ("Property Address"), TOGETHER WITH all the improvements now or hereafter erected on the property, and all easem*nts, rights, apt urtenances, rato to and fixtures now or hereafter a part of the property. All lacements and addi ion: is Shall also be covered by yy this Security Instrument. All of rred to in this Security Instrument as the "Property. foregoing is seised of the estate hereby con Borrower BORROWERCOVENANTS that Borrower is lawfuli has the right to grant and convey the Property and # fat the Properts is unencumbered. warrants and will defend generally the title to the Property against all claims and demands, subject to any, encumbrances of record, IS SECURITY INSTRUMENT combines uniform covenants for national use and: rion-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real proper UNIS RM COVENANTS. Borrower and Lender covenant and agree as follows: . Payment of Prin aiand Interest. Borrower shall pay when due the principal of, and interest‘on, the debt evidenced by the Note. 2, Paymentof Property Charges. Borrower shall pay all property charges consistin of taxes,ground rents, flood and hazard insurance premiums, and special assessments in a time manner,and shall provide evidence of payinent to Lender, unless Lend. ier pays properly ci ha rges bywithholding funds from monthly payments due to the Borrower or by yy charging such payments to aline of credit as provided for in the Loan reement, Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvements on thePropet whether now it existence or subsequently erected, against any hazards, casualties, andcontingencies, including fre. This insurance shall_be maintained in the amounts, to the extent andfor the periods required by Lender or the Secretary of Housing and Urban Development("Secretary"). Borrower shal also insure all improvements on the Property, whether now inexistence ‘or subs equently erected, against joss by floads to the extent required the Secretary.Ail insurance shall be carried with companies approved by Lender, The insurance policies and anyrenewals shall be held by Lender and shall include loss payable clauses in favor of, and in a formacceptable ta, Lander. in the event of loss, Borrowerproof of loss if not made promptly shail jve Lender immediate notice by mail. Lender may make iy rower, Each Insurance company concemed is herebyauthorized and directed to make payment for such foss to Lender instead of to Borrower and toLender jointly. Insurance proceeds shall be a plied to restoration or repair of the damaged Property,if the restoration or repair is economically feasible and Lender's securit ly is not lessened. lf therestoration or repair is fet economically feasibie or Lender's security would bePawe02%A : 02/02 Page 2i ae aAfmtlessened, the insurance proceeds shall be applied first to the reduction of any indebtedness under @Second Note and Second Security Instrument held by the Secretary on the Property and then to thereduction of the indebtedness under the Note and this Securit instrument, Any excess insuranceproceeds over an amount required to pay all outstanding i lebtedness under the Note and thisSecurity instrument shali be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of tite to theProperty that extinguishes the indebtedness, ali right, title and interest of Borrower in and toinsurance policies in force shall pass to the purchaser. 4, Occupancy, Preservation, Maintenance and Protectionof the Property; Borrower's LoanApplication; Leaseholds. Borrower shall occu;principal residence after the execution of this PS establish, and use the Property as Borrower's curity instrument, and Borrower (or at least oneBorrower, if initialiy more than one person are Borrowers) shall continue to occupy the Property asBorrower's principal residence for the term of the Security Instrument. “Principal residence” shailhave the same meaning as in the Loan Agreement. Borrower shall not commit waste or destroy, damage or substantially change the Propertyor allow the Property to deteriorate, reasonable wear and tear excepted. Borrower shall also be indefault if Borrower, during the {oar application process, gave materially faise or inaccurateinformation or statements to Lender {or falied to pravide Lender with any material information) incennection with the loan evidenced by the Note, including, but not limited to, representationsconcerning Borrawer's occupancy of the Property as a principal residence. If this SecurityInstrument is on @ leaseho'd, Borrower shall comply with the provisions of the lease. If Borroweracquires fee tite to the Property, the leasehold and fee tite shall not be merged Unless Lenderagrees fo the merger in writing. 5. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shalpay all governmental or municipal charges, fines anc impositions that are not included in Paragraph2. Borrower shall pay these obligations on time directly to the sntity which is owed the payment. Iffailure to pay would adversely affect Lender's interesi in the Property, upon Lender's requestBorrower shall promptly furnish to Lender receipts evidencing these payments. Borrower shailpromptly discharge - any fen which has. priority over this SecurityInstrument_in the manner provided in Paragraph 12(c). if Borrower fails to make these payments or the praperty charges required by Paragraph 2,or fails to perform any other covenants and agreements contained in this Security instrument, orthere is @ legal proceeding that may significantly affect Lender's rights in the Property (such asproceeding in vankruptey, for cancemnalicn or fo enforce laws or regulations), then Lender may doand pay whatever is necessary to protect tne value of the Property and Lender's rights in theProperty, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. @ protect Lender's security in the Property, Lender shall advance and charge to Borrowerail amounts due to the Secretary for the Mortgage Insurance Premium as defined in the LoanAgreement as well as ail sums due to the loan servicer for servicing activities as defined in the LoanAgreement. Any amounts disbursed by Lender under this Paragraph shail become an additional debtof Borrower as provided for in the Loan Agreement and shall be secured ay this SecurityInstrument. 6, inspection. Lender or its agent may enter on, inspect or make appraisals of the Propertyin @ reasonable manner and at reasonable times provided that Lender shall give the Borrower noticeprior to any inspection or appraisal specifying a purpose for the inspection or appraisal which mustDe reiated to Lender's interest in the Property. If the property is vacant or abandoned ar the loan isin default, Lender may take reasonable action fo protect and preserve such vacant or abandonedProperty without notice to the Borrower. 7. Condemnation. The ceeds of any award or claim for damages, direct orconsequential, in connection with any condemnation or other taking of any part offor conveyance in place of condemnation shall be paid to Lender. @ Property, or @ proceeds shall be appliedfirst to the reduction of any indebtedness under a Second Note and Second Security instrumenthgid by the Secretary on the Property, and then to the reduction of the indebtedness under theNote and this Securty Instrument. Any excess proceeds over an amount required to pay. alloutstandin indebledness under the Note and this Security Instrument shall be paid to the entitylegally entitied thereto.PAXA : 02/02 Pago 3Hae8. Fees, Lender may collect feas and charges authorized by the Secretary. * 3B undst i Fajanle ue ane this Security instrument if tionof Debt ender may Tequire immediate payment in full of all sums secured by rower dies and the Property is not the principal residence of at least one Surviving Borrot (i) All of a Borrower's title in the Property (or his or her beneficial interest in a trust owning all or part of the Property) is sold or otherwise transferred an ne other Borrower retains tite to the Proper in fee simple or retains a leasehold under a lease for less n ears whiici is renewable ‘ease aving a remaining period of not fess then ea nd date of ‘he 100th birthday of the youngest Borrower or retains a life Gslate ‘or retaining a beneficial interest in a st with’ such an interest in the Property), { (b}ull Due and Payable with Secretary Approval. Lender may of all sums secured by this Security Instrument, upon require immediate payment in approval of the Secretary, if: (i) The Property ceases to be the principal residence of a Borrower for reasons other than death and the Property yi is nol ih ie principal residence of at least one other Borrower, (i) For a period of ionger than twelve (12) consecutive months, a Borrower fails to occupy the Property because of phy sical or mental residence of at jeast one o t ner Bor lilness and the Property is not the fi yincipal ii) An obligation of the Borrower under this SecuFr ty instrument is not performed. {(c) Notice te Lender. Borrower shall notity Lender whenever any of the events listed nis Pai (a) No! fee to Seci ‘or {b) ocur. ary and Borrower. Lender shall notify the Secretary and Sor jr in whenever the loan becomes due and payable under Parsgraph $ {a) {ii} or ( Lender Fahl nat have the right to commence foraciasura until Borrower has had ity hotice to either: y days atter a {i) Correct the matter which _ Fesulted in the Security Instrument coming due and payable; . ii ) Pay th he balance in full; or il) Sel the Property for the lesser of the balance or 95% of the appraised value and ie the net proceeds of the sale toward rovide the Lender with a deed {e) Trusts, Conveyance of a Borrower's the balance; or in lieu of foreciosure. interest in the Property to a trust which meets the fequirements of the Secretary, or conveyance of a trust's interests in the Property to a Borrower, shali nat be considered a conveyance for purposes of this Paragraph 9. trust shall not be considered an occupant or be considered as having a principal residence for een Mortgnot.age beNot eligible of this Paragraph insure d. Borrower agrees that should this Security Instrument and the for Insurance under the National Housin: Act within SIXTY DAYS rom the date hereof, if permitted by applicable law Lender may, at its option, require immediate payment in full of ali sums secured oy this Securit instrument. A wrilten statement of any authorized agent of the Secretary dated subsequent to SIXTY DAYS from the date hereof, declining to insure this Security instrument and the Noie, shall be deemed conciusive proof of such ineligibill Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. No Deficiency Jud: mants. Borrower shali have no personal liability for payment of the debt secured by this Security 4 instrument, Lender may enforce the debt oniy through sale of the Property. Lender shail not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument ig assigned fo the Secretary upon demand by the Secretary, Borrower shall not be jiable for any sifference between the mortgage insurance ‘benefits paid Lender and the outstanding indebtedness, including acorued interest, owed by Borrower ai the time of the assignment, 41. ‘einstatement, Borrower has a right to be reinstated if Lender has required immediate payment in full. This right applies even aiter foreciosure proceedings are instituted. To reinstate this Security instrument, Borrower shali correct the concition which resulted in the requirement for immediate payment in full. Foreciosure costs and reasonable and customary attomeys' fees and expanses properly associaiéd with the foreciasure O4XA ; 02/02 Page 4rl lb f2 ‘proceeding shall be added to the principal balance. Upon reinstatement Borrower, this SecuInstrument and the obligations that it secures shall remain in effect as i Lender had not requiredimmediate payment in lL However, Lender is not required to permit reinstatement if: (i) Lenderhas accepted reinstatement after the commencement of foreclosure proceedings within two. earsimmediateh preceding the commencement of @ current it foreclosure proceeding, {i)} reinstatement fewil preclude foreclosure on different grounds in the futu re, oF (iil) reinstatement wall adversely affectthe priority of the Securily Instrument. 12. Lien Stat fication, Borrower 6fa) 1) Modi agrees to extend this Security instrument in accordance with this ‘aragraph 12(a). If Lender determines that the original lien status of the Security instrument is jeopardize under state law (inciudin, but not limited to situations where the amount secured by the Security instrument equals or exceeds the maximum principal amount stated or the maximum eriod under which loan advances retain the same lien priority initially granted to joan. vances has expired) and state law permits the original lien status to be taintained for future loan advances trough the execution and recordation of one or more documents, then Lender shall obtain title evidence at Borrower's expense. If the tite evidence indicates that the Property is not encumbered by any liens (except this Security Instrument, the Second Security Instrument described in Paragraph 13(a) and any subordinate liens that the Lender determines wil also be subordinate io any future joan advances), Lender shall request the Borrower to execute any documenis necéssary to protect the lien status of future joan advances. Borrower agress to execiite such documents. If stale law doas not permit the origina! lien status tc be extended to future loan advances, Borrower will be deemed to have failed to have performed an obligation under this Securily insirument. (b) Tax Deferral Programs. Borrower shall not participate in @ real estate tax deferral rogram, if any liens created by the tax deferral are nol subordinate to this Security instrument, §Cc} ) Prior Liens. Borrower shall prompt discharge any lien which has priority over this ecurity Instrument unless Borrower: (2 a) ; agrees in writin secured by the fien in a manner acceptable to Lender; (b) to the payment of the obligation contests in good faith the lien by, or defends against enforcement of the Jien. in, Jegal proceedings which in the Lender's opinion operaie to prevent the ‘enforcement of the lien or forfélture of any part of the subordinatin t Property; or ( ‘c) secures from the holder of the lien an agreement satisfactory to Lender fhe lien to all amounts secured by this ecurity instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Borrower shal! satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 13. Relationsh*te Second Security instrument. (a) Second Securi fo or an behalf of Borrower pursuant to Section 25: and the Loan a (CMA) of the National Housing Act Instrument. in order to secure pay ments which the Secretary may make reement, the Secretary has required jorrowar to execute a Second Note and a Second Security instrument on the Property, (b} Relationship of First ano Second Securit Instruments. Payments made by the Secretary shall shee included in the debt under the Security Instrument is assigne i loteto theunless:Secretary; i) The Secretary accepts reimbursem*nt by ihe Lender Nor al payments made by the acratary. or (ii) occur, then all payments by the Secretary, including interest on the payments, g ) xl excluding late charges paid ay the Secretary, shal f the circ*mstances cescribed in be included in the debt under the Note. i } Effect on Borrower. Where there is no assignment or reimbursem*nt b) i} or (il) and the Secretary makes payments to Borrower, then Borrower shall not: i) Be required to pay amounts owed under the Note, or pay any rents and revenues of as described in {Secretary Ne Property under Paragraph 19 to Lender or a receiver of the roperty, until the has required payment in full of all outstanding principal and accrued interest under the Second Note; or (i Be obti ligated 6 ay interest of shared appreciation whhel ther accrued accrued interest 6 fe of after the has been included in Under payments oy the Secretary, and whether or not the principal osiance under the Note. the Note at any time,OBKA ; 02002 Page 5Da. fs{d) No Duty of the Secretary. The Secretary has no duty to Lender to enforce covenants of the Second Security instrument or to take actions to preserve the value of the Property, even though Lender may be unable to collect amounts owed under the Note becauseof restrictions in this Paragraph 13. 14. Forbearanceby Lender Not a Waiver. Any forbearance by Lender in exercising any right orremedy shail not be a waiver of or preclude ine exercise of any right or remedy. 15, Successorsand Assi fis Bound; Joint and Several Liability. The covenants and agreementsof this Security instrument ‘ ali bind and benefit the successors and assigns of Lender.may not assign anyrights or obligations under this Security Instrument or under the Note, except toatrust that meets the requirements of the Secretary. Borrower's covenants and agreements shail bejoint and several. 16. Notices. Any notice to Borrower provided for in this Security Instrument shall be given bycelivering it or by mailing It by first class mail unless applicable law requires use of another method‘The notice shail be directed to the Property Address or any other address all Borrowers jointlydesignate, Any notice to Lender shail be given by first class mail to Lender's address stated ereinor any address Lender designates by notice to Borrower. Any notice provided for in this SecurityInstrument shali be deemed to have been given to Borrower or Lender when given as provided inthis Paragraph 16. 47. GoverningLaw; Severability, This Security instrument shall be governed by Federal iaw andthe law of the jurisdiction in which the Property is located. in the event that any provision or clauseof this Security instrument or the Note conflicts with applicable law, such conflict. shall not affectother orovisions of this Security Instrument or the Note whicn can be iven effect without theconflicting provision. To this end the provisions of this Security Instrument and the Note aredeciared to be severable, 18, Borrower's Copy. Borrower shall be given one conformed copy of the Note and this Securityinstrument. NON-UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 19. Assignmentof Rents. Borrower unconditionally assigns and transfers to Lender ai! the rentsand-tevenues of the Property. Borrower authorizes Lender.ar Lender's agents-to collect the-rentsand revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender'sagents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant oragreement in the Security instrument, Borrower shall colfect and receive ali rents and revenues ofthe Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutesan absolute assignment and not an assignment for additional security oniy. if Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be heid byBorrower as trustee for benefit of Lender only, to be applied to the sums secured dy this SecurityInstrument; (b) Lender shall be entitled fo coliect and receive all of ths rents of the Property; and (c}each tenant of the Property shali pay ail rents due and unpaid to Lender or Lender's agent onLender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not performany act that would prevent Lender from exercising its rights under this Paragraph 19. Lender shai) nol oe required to enter upon, take control of or maintain the Property before orafter giving notice of breach to Borrower. However, Lender or ajudicially appointed receiver may doso at any time there is a breach. Any application of rents shall not cure or waive any default orinvalidate any other right or remedy of Lender. This assignment of rents of the Property shaltterminate when the debt secured by this Security Instrument is paid in full, 20. ForeciosureProcedure. if Lender requires immediate payment in full under Paragraph9,Lender may invoke the power of sale and any other remedies permitted under applicable taw.Lender shail be entitled to collect all expenses incurredin pursuing the remedies provided in thisParagraph20, inctuding,but not timitedto, reasonabieattorneys’ fees and costs of title evidence. if Lender invokes the power of sale, Lender shall give written notice to Trustee of theoccurrenceof an event of default and of Lender’selectionto cause the Propertyto be sold. Lendershali mail a copy of the notice to Borroweras providedin Paragraph16. Trustee shall recorda copyof the notice in the county in which the Propertyis located. Trustee shall publisha noticeof salefor the time and in the manner providedby applicablelaw and shall mail copiesof the notice of salein the manner prescril> ed by applicable law to Borroweral ind to the other persons prescribed byapplicable ja e ime required89XB : 02102 Page 6 Gwe270by applicable aw, Trustee, without demand on Borrower, shalt seil the Property at public auction tathe highest bidder for cash at the time and place and under the terms designated in the notice ofsaie in one or more parcels and in any order Trustee determinas. Trustee may postpone sale of anyparcel of the Property by public announcement at the time and place of a ny previously scheduledsale. Lender or its designee may purchase the Proper at any sale, Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the timethe purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima evidence of the truth of the statements made therein. Trustee shall apply the proceeds of thegale in the following order: (a) to all expenses of the saie, including, but not limited to, reasonableTrustee's and attorneys" fees; (b) to all sums secured by this Secu Instrument; and (c) anyexcess to the person or persons legally entitied to it. 21, Lien Priority. The full amount secured by this Security instrument shall have fhe samepriority over aay other liens on the Property as if the full amount had been disoursec on the datethe initial disbursem*nt was made, regardless of the actual date of any disbursem*nt. The amountsecured by this Security Instrument shall include all direct payments by Lender to Borrower and allother loan advances permitted by this Securit Instrument for any purpose, This lien priority shallapply notwithstanding any State constitution, °s w OF regulation, except that this lien priority shallnot affect the priorty of any liens for unpaid State or locai gavernmentai unit special assessments ortaxes. 22. justableRate Feature. Under the Note, the initial stated interest rate of 4.170% which ccrues on the unpaid principal balance: i tial Interest Rate”) is subject to change, as describedbelow. When the interest rate changes, h new ad) justed interest rate will be applied to the totaloutstanding principal balance. Each adjustment to ti 1 interest rate will be based upon the weeklyaverage yield on United States Treasury Securities adjusted to a constant matutmade available by the Federal Reserve Board in Statistical Release H.15 (519) th of one ear, aS dex") plus a 8margin. If the index Is no tonger available, Lender will use as a new index any index prescribed bythe ecretary. Lender will give Borrower notice of the new index. Lender will perform the catoulations described below to determine the new adjusted interestrate, The interest rate may change on the first day of MARCE 6 on [that day ofeach succeeding year Bithe first day.of each succeeding. month ("Change Date} untt the joan.is.repaid in full The value of the index will be determined, usi rn the most recent Index figure available thity(30) da s before Inge Date ("Current Index s Before each Change Date, the new interestrate will be calculated by adding a margin to the Current Index. The sum of the margin plus theCurrent Index will be called the "Caiculated Interest Rate" for each Change Date. The culatedinterest Rate will be compared to tha interest rate in effect immediately prior to the current ChangeDate (the "Existing interest Rate"). Ei(Annually Adjusting Variable Rate Feature) The Calculated Interest Rate cannot be more than %e higher or lower than the Existing Interest rie, nor can it be more than 5.0% higher or lowerthan the initia! interest Rate. ‘(Monthly Adjusting Variabi 2 Rate Feature)The Calculated | merest Rate wili never increaseabove FOURTEE! 1 0: . percent ( : The Calculated interest Rate will be ad; usted Hf necessa’ ry to com, 6 ate. At any Charige Date,equals the Existing Interest Rete, the i ifHer est rate will not change.and will be in affect until the next Chan: nf the with these rate limitation(s) Calculated Interest RateProperty, Lender (in person, by agent or by judicially appoint ed receiver) shall 23. Lenderin Possession.Upon acceleration under Par: raph 2 or abandonment of the be entitled to enterupon, take possession of and manage thi ropert and to collect the rents of Property includingthose past due. Any rents collected by Lender or the receiver shall be applied first lo payment ofreceiver's fees,secured by this remiums on receiver's ecurty Instrument. a ondsthe costs of management of the Property and collection of rents, including, but not limited to, and reasonabie altomeys’ ees, and then to Ihe sums 24, Release. Uoon yment of ail sums secured by this Security Instrument, Lender shailrequest that Trustee release this Security Instrument and shalt rod uce for Trustee, duly cancelled, 4.ali notes avidenciny deots secured by this Security instrument. a ustee shall release this SecurityInstrument without further inquiry or fiability. Borrower shall pay any recordation costs and thestatutor ‘Trustee's fees. S. faiver of Homestead. Borrower waives all right of homestead exemption in the Property.90XB : 0202 Page 726. Ridersto this Security Instrument, If one or more riders are executed by Borrower andrecorded together with this Security Instrument, the covenants of each such rider shall beincorporatec into and shall amend and su plement the covenants and agreements of this Security ofInstrument as if the rider(s) were a part this Security Instrument. [Check applicable box(es).} (Condominium Rider (Shared Appreciation Rider (Planned Unit Deveiapment Rider (Other (Specify)BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this SecurityInstrument and in any rider{s) executed by Borrower and recorded with it. oe SAVES W GO} hha ree TRA MAE GORDON Molden (Seal “Borrower (Seal “Borrower {Seal} “Borrower Space Below This tine For Acknowiedgment] —STATE OF ‘ehoride county ss: Dower The foregoing instrument was acknowledged before me this {L7) OF » byDawes US. Gurdon © The mae orderWITNESS my hand and official seal. poe arec tn ene ye Car Bublic IM LANEMy commission ies: NOTARY PUBLIC. STATE OF COLORADOOOP 4 Lene re ht My Commiseion Expire 5 05/18/2008

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O'CONNORCase Number: CVPG22-0031459Disclosure Re: guardianship cases involving Shasta County Health and Human ServicesAgency-Judge Wood discloses that her step-daughter, Erinn Watts, is the Administrative BranchDirector of the Health and Human Services Agency. In that position, Judge Wood’s step-daughterdoes not have any involvement in the investigation, management, prosecution or defense ofguardianship cases. However, the Court makes this disclosure of an employment relationshipbetween an investigating agency and the Court’s first degree relative as required by CaliforniaCode of Judicial Ethics.This matter is on calendar for further proceedings on a Petition for Termination filed by the fatherTimothy O’Connor. The Court previously dispensed with notice to the deceased maternalgrandparents and deceased paternal grandmother. The Guardians, adult sibling, mother andpaternal grandfather have been timely served. The Court notes that the minors are eligible formembership in the Pit River Tribe. The Pit River Tribe must also be served a copy of the Petitionand Notice of Hearing and may also be served by mail. Children’s Services has submitted anInvestigation Report which recommends the Court deny the Petition and also indicates that thefather may no longer being seeking to terminate the Guardianship. An appearance is necessaryon today’s calendar to discuss whether the father intends on proceeding with his Petition forTermination and to discuss the status of father’s visitation.

Ruling

Estate of Walsh

Aug 21, 2024 |23PB-0032257

ESTATE OF DOLORES WALSHCase Number: 23PB-0032257This matter is on calendar for confirmation of filing the Inventory and Appraisal. The Inventory andAppraisal has not been filed. However, the personal representative has filed a properly noticed StatusReport indicating that additional time is needed before the Final Inventory and Appraisal can be filed.This matter is continued to Monday, October 21, 2024, at 2:30 p.m. in Department 44 forconfirmation of filing of the Inventory and Appraisal. If a Final Inventory and Appraisal cannot be filedprior to the continued hearing date, the Court ORDERS a Status Report be filed and served no later thanfive court days before the next hearing date to advise what must be accomplished before the FinalInventory and Appraisal can be filed. Failure to file either the Final Inventory and Appraisal or theStatus Report may result in the issuance of an Order to Show Cause Re Monetary Sanctions of $250.00for failure to timely file the Inventory and Appraisal, and failure to comply with the Court’s order. TheCourt notes the future court date of March 10, 2025, for Status of Administration. No appearance isnecessary on today’s calendar.TRUSTS

Ruling

Estate of Corcoran

Aug 21, 2024 |24PB-0032528

ESTATE OF PHILIP CORCORANCase Number: 24PB-0032528This matter is on calendar for hearing on a Petition for Letters of Administration. The matter has beenproperly noticed. Proof of proper publication has been filed. No objections have been raised. Thepaperwork appears to be in order. The Petition is GRANTED. A proposed Order was lodged with theCourt and will be executed. The requirement of a bond has been properly waived, and letters shall issue.The matter is set for Monday, December 30, 2024, at 2:30 p.m. in Department 44 for Confirmation ofFiling the Inventory and Appraisal. The matter is set for Monday, August 25, 2025, at 2:30 p.m. inDepartment 44 for Status of Administration. The personal representative is ORDERED to complywith Probate Code section 12200 et seq. No appearance is necessary on today’s calendar.

Ruling

Estate of Delia Luzano

Aug 20, 2024 |P23-02161

P23-02161 ESTATE OF DELIA LUZANO9:00 AM HEARING IN RE: PETITION FOR LETTERS OF ADMINISTRATION W/IAEA FILED ON 3/19/2024 BY ELEANOR NGUYEN Need: 1. Appearances 2. Proposed Order SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE COURT CALENDAR FOR AUGUST 20, 2024 DEPARTMENT 33 JUDICIAL OFFICER: SHARA E BELTRAMO

Ruling

In Re Kelley

Aug 21, 2024 |23PB-0032242

IN RE KELLEYCase Number: 23PB-0032242This matter is on calendar for review regarding confirmation of receipt and acknowledgement ofdeposit. No “Receipt and Acknowledgment of Order for the Deposit of Money Into BlockedAccount” has been filed. No status report has been filed. The parties are ordered to appear toprovide the Court with a status of the deposit of the funds into a blocked account.

Ruling

Guardianship of: Kai Vo

Aug 26, 2024 |P24-00827

P24-00827 GUARDIANSHIP OF: KAI VO9:30 AM HEARING IN RE: PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON FILED 5/17/24 BY HOANG HONG AND THUY NGUYEN Petitioners, paternal grandparents, still must do the following: 1. Appear at the hearing 2. File a verified declaration showing diligent efforts made to identify, locate and serve maternal grandfather. CRC 7.52 3. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing, Petition Form GC-210 and Order Appointing Temporary Guardian personally served on mother and father and file Proof of Service or have each person sign a consent and waiver form (GC-211); OR (2) If either person cannot be found, submit a declaration (GC-02), explaining what efforts have been made to find her/him. CRC 7.52. The Notice of Hearing filed 08/12/24 regarding service to the father does not say the date and time it was served. 4. Do one or the other, but not both: (1) Have a copy of the Notice of Hearing and Petition Form GC-210 served by mail on maternal grandparents, and file Proof of Service or have each person sign a consent and waiver form (GC-211); OR (2) If a person cannot be found, submit a declaration (GC-02) explaining what efforts have been made to find that person. CRC 7.52 The Court is waiting for these items: Court Investigator’s Report Notes: a) Letters of Temporary Guardianship, person, issued to petitioners expire 02/15/2025 b) Vietnamese interpreter requested SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY PR - MARTINEZ-WAKEFIELD TAYLOR COURTHOUSE COURT CALENDAR FOR AUGUST 26, 2024 DEPARTMENT 33 JUDICIAL OFFICER: SHARA E BELTRAMO

Ruling

Gaurdianship of O'CONNOR, et al.

Aug 20, 2024 |CVPG22-0031459

O'CONNORCase Number: CVPG22-0031459Disclosure Re: guardianship cases involving Shasta County Health and Human ServicesAgency-Judge Wood discloses that her step-daughter, Erinn Watts, is the Administrative BranchDirector of the Health and Human Services Agency. In that position, Judge Wood’s step-daughterdoes not have any involvement in the investigation, management, prosecution or defense ofguardianship cases. However, the Court makes this disclosure of an employment relationshipbetween an investigating agency and the Court’s first degree relative as required by CaliforniaCode of Judicial Ethics.This matter is on calendar for further proceedings on a Petition for Termination filed by the fatherTimothy O’Connor. The Court previously dispensed with notice to the deceased maternalgrandparents and deceased paternal grandmother. The Guardians, adult sibling, mother andpaternal grandfather have been timely served. The Court notes that the minors are eligible formembership in the Pit River Tribe. The Pit River Tribe must also be served a copy of the Petitionand Notice of Hearing and may also be served by mail. Children’s Services has submitted anInvestigation Report which recommends the Court deny the Petition and also indicates that thefather may no longer being seeking to terminate the Guardianship. An appearance is necessaryon today’s calendar to discuss whether the father intends on proceeding with his Petition forTermination and to discuss the status of father’s visitation.

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Exhibit - Attach to Pleading/Doc - EXHIBIT - Attach to MOTION FOR ORDER AUTHORIZING SALE - DEED OF TRUST January 21, 2016 (2024)

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