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