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DEED OF TRUST .L•••••••••••• ~ & - FCI Exchange

DEED OF TRUST .L•••••••••••• ~ & - FCI Exchange

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Recording Requested Bt<br />

And After Recording Return To:<br />

dS i2I bE 221m£2 2; 23m!<br />

d 7 ; Ii db<br />

&23££22 ;<br />

J 7<br />

122'<br />

7 7757<br />

•<br />

____________ (Space Above This Une For Recorlling Datil] ------------<br />

MIN: 1003113-0007011157-6<br />

DEFINITIONS<br />

<strong>DEED</strong> <strong>OF</strong> <strong>TRUST</strong><br />

Words used in multiple sections of this document are defined below and other words are defined in Sections 3. II,<br />

_I<br />

13, 18, 20 and 21. Certaiil rules regarding the usage of words used in this document are also provided in Section 16.<br />

(A) "Security Instrument" means tbis document. which is dated FEBRUARY 6, 2007 , togetller<br />

with all Riders lo this document. ••••<br />

(B) "Borrower" is 1<br />

1 ' ••••<br />

Borrower is the trustor under this Security Instrument.<br />

(C) "Lender" is .<strong>L••••••••••••</strong> ~<br />

Lender is a CORPORATION<br />

ami existing under the laws of. CALI FORNIA<br />

Lender's address is •••• S•••••••••••••••••••••••<br />

&<br />

(D) "Trustee" is<br />

I<br />

_s .~1IJ<br />

72 7 &<br />

organized<br />

(E) "MERS" is Mortgage Electronic Registration Systems. Inc. MERS is a separate corporation that is acting<br />

solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security<br />

Instrument. MERS is organized and existing under the laws of Delaware. and has an address and telephone nwnber<br />

of P.O. Box 2026, Flint. MI 48501-2026. tel. (888) 679-MERS.<br />

(F) "Note" means the promissory note signed by Borrower and daled FEBRUARY 6 I 2007<br />

The Note states that Borrower owes Lender SIX HUNDRED SIXTY-FOUR THOUSAND AND<br />

00/100 Dollars (U.S. $ 664, 000. 00 ) plus interesl.<br />

Borrower InillaJs:<br />

CAlIFORNIA--Single Fa<br />

Form 3005 01/01 (02101<br />

eddie Mac UNIFORM INSTRUMENT. MERS<br />

Page 1 or 14<br />

DocMaglc<br />

Ct.1iTiFlou TO ""


•<br />

Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in £u.1Inot later Ulan<br />

MARCH 1, 2037<br />

(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Properly."<br />

(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under<br />

the Note, and all sums due under this Security Instrument, plus interest.<br />

(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are<br />

t,? be executed by Borrower [check box as applicable]:<br />

•.<br />

[Xl Adjustable Rate Rider 0<br />

0 Balioon Rider 0<br />

!Xl 1-4 Family Rider 0<br />

0 Condominium Rider 0<br />

Planned Unit Development Rider<br />

Biweekly Payment Rider<br />

Second Home Rider<br />

Other(s) [specify]<br />

m "Applicable Law" means all controlling 'applicable federal, state and local statutes, regulations, ordinances and<br />

administrative rules and orders (that have the effect of law) as well as aU applicable final. non"appealable judicial<br />

opinions.<br />

(K) "Community Association Dues, Fees, and Assessments" means all dues. fees. assessments and other charges<br />

that are imposed on Borrower or the Property by a condominium association, homeowners association or similar<br />

organization;<br />

(L) . "Electronic Funds TraJ:)sfer" means any transfer of funds. other than a transaction originated by check. draft.<br />

or similar paper instrument, which is initialed through an eleclronic tenninal, telephonic instrument, computer, or<br />

magnetic lape so as to order. instruct, or authorize a financial institution t.o debit or credit an account. Such term<br />

includes, but is not limited to, point-of-sale Iransfers. automated teller machine transactions, transfers initiated by<br />

telephone, wire transfers. and automated clearinghouse transfers.<br />

{M} "Escrow Items" means those items thai are described in Section 3.<br />

(N) "Miscellaneous Pro~eeds" means any compensation. settlement, award of damages. or proceeds paid by any<br />

third parly (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or<br />

destruction of, the Property; (Ii) condemnation or other taking of all or any part of the PropertY: (iii) conveyance in<br />

lieu of condemnation: or (iv)' misrepresentations of, or omissions as to, the value and/or condition of the Property.<br />

{OJ "Mortgage Insu(ance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.<br />

(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,<br />

pius (ii) any amounts under Section 3 of Ihis Security Instrument.<br />

(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. 92601 e't seq.) and its implementing<br />

regulation, Regulation X (24 C.F.R. Part 3500); as they mighl be amended from time 10 time, or any additional or<br />

.successor legislation or regulation that governs the same subject matter. As used in tllis Security Inslrument.<br />

"RESPA" refers to all requirements and restrictions that ani imposed in regard to a "federally related mortgage loan"<br />

even if the Loan does nol qualify as a "federally related mortgage loan" under RESP A.<br />

(R) "Successor in Interest of BDrrower" means any party Ihat has taken title to the Property, whether or not thaI<br />

party has assumed Borrower's obligations under the Note and/or this Security Instrument.<br />

TRANSFER <strong>OF</strong> RIGHTS IN THE PROPERTY<br />

The beneficiary of this Security Inslrument is MERS (solely as nominee for Lender and Lender's successors and<br />

assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of<br />

the Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's<br />

Borrower Initials:<br />

CAlIFORNIA ••Slngle Faml<br />

Form 3005 01/01 (02/0<br />

eddie Mac UNIFORM INSTRUMENT. MERS<br />

Page 2 or 14


------- -- -- --- -- --------<br />

covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants<br />

and conveys to Trustee. in trust, with power of sale, the following described property located in the<br />

COUNTY of ORANGE<br />

[Type of Recording JurlsdictJon) [Name of RecordiJlg Jurisdiction)<br />

LOT 25 <strong>OF</strong> TRACT NO. 3565, IN THE CITY <strong>OF</strong> LA HABRA, COUNTY <strong>OF</strong><br />

ORANGE, STATE <strong>OF</strong> CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK<br />

136, PAGE(S) 29 AND 30, <strong>OF</strong> MISCELLANEOUS MAPS, IN THE <strong>OF</strong>FICE <strong>OF</strong><br />

THE COUNTY RECORDER <strong>OF</strong> SAID COUNTY.<br />

A.P.N.: 017-163-03<br />

which currently has the address of 1160 CHERI DRIVE<br />

LA HABRA<br />

[City)<br />

• California<br />

[Street)<br />

90631<br />

(Zip Code)<br />

("Properly Address"):<br />

TOGETHER WITH all- the Improvements now or hereafter erected on the property. and all easements.<br />

appurtenances, and fIxtures now or hereafter a part of the properly. All replacements and additions shall also be<br />

covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Properly."<br />

Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security<br />

Instrument. but. if necessary to comply with law or custom. MERS (as nominee for Lender and Lender's successors<br />

and assigns) has the right: to exercise any or all of those interests, including. but not limited to. the right to foreclose<br />

and sell the Property; and to take any action required of Lender including, but nollimited 10. releasing and canceling<br />

this Security Instrument.<br />

BORROWER COVENANTS that Borrower is lawfuIly seised of the estate hereby conveyed and has the right .. -<br />

to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.<br />

Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any<br />

encumbrances of record. .<br />

THIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-uniform covenants with<br />

limited variations by jurisdiction to constitute a uniform security instrument covering real property.<br />

UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:<br />

1. Payment of Principal, Interest. Escrow Items, Prepayment Charges. and Late Charges. Borrower shall<br />

pay when due the principal of. and interest on, the debt evidenced by the Note and any prepayment charges and [ate<br />

charges due under the Note_ Borrower shall also pay funds for Escrow Hems pursuant to Section 3. Payments due<br />

under the Note and this Security Instrument shall be made in U.S. currency .. However. if any check or other<br />

instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid,<br />

Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in<br />

one or more of the following forms. as selected by Lender: (a) cash; (b) money order; (c) certified check. bank check,<br />

treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured<br />

by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.<br />

_ Payments are deemed received by Lender when received althe location designated in the Note or at such other<br />

location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return<br />

any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender<br />

may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights<br />

hereunder or prejudice to its rights t refuse such payment or partial payments ill the future. but Lender is not<br />

Borrower Jnitials:<br />

CAlIFORNIA--Singfe Fom-<br />

Form 3005 01/01 l02/0<br />

,eddie Mac UNIFORM INSTRUMENT. MERS<br />

Page30f14


DATE: FEBRUA.R.Y.6 i1i ,.2 11i 0.0.7 •••••........<br />

BORROWER: Z I<br />

LOAN #: 07011157<br />

PROPERTY ADDRESS: 1160 CHERI DRIVE<br />

LA HABRA, CALIFORNIA 90631<br />

MIN: 1003113-0007011157-6<br />

PREPAYMENT PENALTY ADDENDUM<br />

THIS PREPAYMENT PENALTY ADDENDUM is dated FEEIU>Ri 6, '2JYJ7 ,and is incorporated into and<br />

amends and su.eRIs the NOleof the same dale (the ,"Nole') given by<br />

(the "Lender"). The Note is secured by a Mortgage or Deed of Trust or comparable security instrument (the 'Security<br />

Instrument") covering the properly (the "Properly") Identified in lhe Security Instrument.<br />

The section of the Note entitled "Borrower's Rlghllo Prepay" is replaced with the following new section:<br />

BORROWER'S RIGHT TO PREPAY<br />

I have the right to make payments of Principal at any time before they are due. A prepayment of all of the unpaid<br />

Principal Is known as a "Full Prepayment." A prepayment of only part of the unpaid Principal is known as a "Partial<br />

Prepayment." When I make a Partial or Full Prepayment, I will tell the Note Holder in writing lhat I am doing so.<br />

Subjecllo the Prepayment Penally specified below. I may make a Full Prepayment or Partial Prepayments of my<br />

obligation. The Note Holder will use all of my prepayments to reduce the amount of Principal that lowe under lhe<br />

Note. If I make a Partial Prepayment, Ihere will be no changes in the due dale or in the amount of my monthly<br />

payment.<br />

If within the first THIRTY-SIX months afler the execution of this Note. I make<br />

prepayrnenl(s). Ihe total of which exceeds twenty (20) percent of the original Principal amount of this Note, I .<br />

agree to pay a Prepayment Penalty in an amount equal to the payment of six (6) months' advance interest on the<br />

amount by which the total of my prepayment(s) during the twelve (12) month period immediately preceding the<br />

date of the prepayment exceeds twenty (20) percent of the original Principal amount of this Note. Inlerest will be<br />

calwlated using the 'rate in effect at the time of prepayment. I will pay this Prepayment Penalty regardless of<br />

whether I sell the Property or refinance Ibe loan with the same Lender or Note Holder.<br />

All other terms and conditions of the above referenced Note remain in full force and effect.<br />

MultiSlate Prepayment Penalty Addendum. (H-PPP)<br />

F£-S201 (0611)<br />

~.[--~«,~<br />

iiii_iii%~----Bo-rrow-er<br />

---6 Borrower<br />

Borrower<br />

Borrower

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