04030070 CITY OF CUPERTINOZ7777. 77771717777x 'W,T,
BUILDING DIVISION PERMIT *CONTRACTORNRMA U .
BUILDING ADDRESS: FERMA CORPORATION PERMIT'%4'030070
OWNER'S NAME: PERMIT ISSUEDATE
AZITA TALTVAR
NE: SANITARY N0. CONTROL NO.
650 961-2742
ARCHITECrIENGINEER: BUILDING PERMIT INFO
BLDOO EO PLO MECH
+p+Op LICENSED CONTRACTOR'S DECLARATION
-m 1 hereby affnm that I am licensed under provisions o'Chapler 9(commencing Job Description
Zo with Secdon7")o(Division3ofthc Busineaand Pmfminm Codc.mdmylicenwis
in full fora and effect. DEMO SFD /
n5 n z Lice. Clau Lic.p , /Z!
l—p Dam Cun?
ARCHTfECDECLARATION 1 undcrsonJ my plans shall he uee DECmJ u public records
C
Licensed Professional
3 Oat I am exempt
from
DECLARATION
eI hereby affirm thus 1 1. cacmpt from the Convectors License Law far We
p O following massa(Section 71131.5,Businns and vefdemoli Cole:Any city at county J
Z� which reyuirca permit re air construct.almc Improv,demolish,or e a sig any statement ✓v
HZ�' pnonniuissuance,somedintrammquithe thcapplicanimf forsuch Cmutr PermittoLw(ned Ch.mcnl
NO< ,hm mencingwitpuntion70heprowl,isns 3ofthe ntnmssandPn,eL4w(C odior Sq.FL Floor Area `C�fT,aivatlon
(commencing withScnion71100)ofOivLvionSoftheBusinessendProfcuinnsCsJe)car J`'
3 that he is exempt ihemtrom and Ne basis for the alleged exemption.Any violation of
Section 7031.5 by any appileent for a permit subjects the applicant to a civil penalty of 3 7. N-4,RQ*etO 0 Occupancy Type
not mom dun five hundred dollen($500). _ Pane Y YP
0 1,sa owner of the property,or my employees with wages ar their mole compensadon, '
will do We work,and theswmum is notinlended oroffered formals(Sec.7044,Business
and Proposamns Cade:The Comnelm''s Lianas Law does net apply to as owner of Required Inspections
property who builds or improves thereon,and who des a uch work himse If or through his
own employees,provided Net such improvements art not intended oro@red fmsale.If.
however,We building or improvement is said within one year of completion.the owner.
builder will have the burden of proving that he did not build or Improv for purpose of
sic.).
1,as owner of We property,am exclusively contracting with licensed eontracmn to
rvtmct the project(Sec.7044,Business and Professions Code:)The Cmem emr's LI.
e law docs not apply m an owner at property who builds or improves themon,ad.
o contracts for such pmjeets with a eonUacmr(s)licensed pursuant to the Contractor's
License Law.
❑lam se sunder Sec. ,B&PCfor
�this
rtas�on�f
O er T �� DataTI0_,1 —u
WORKER'S COMPENSATION DECLARATION/
I hereby afntm under penalty of perjury ane of the following declarations:
ham and will maintain aCertificam of Consent W self-imam for Werkces Compcm
ton,as provided for by Sccuon 3700 of the Labor Code,for We performance of the
work for which this permit is issued.
❑I have and will maintain Workers Compensation Insu ounce,as required by Section
3700 of We labor Code,for We porformantc of the work for which this pemtit is issued.
My Woroces Compensadon Insurance cannot and Policy number am:
Carrier: Policy No,: _
CERTIFICATE OF EKEMP ION MOM WORKERS'
COMPENSATION INSURANCE
(This section need not be completed Rohe Permit is foronchundmddollars($]W)
nr less.)
1 certify Net in the performance of We work for which this Permit is issued.l shall not
employ any person In any manner an as to become subject o the Workers'Compensadon
Lew,of California,Dam
Applicant
NOTICE TO APPLICANT:If.4f e,making this Ceriricam of Exemption,you should
become subject to the Workers Compensation previsions of the Labor Code,you must
Q O forthwith comply with such provisions or this permit hall M deemed revoked.
CONSTRUCTION LENDING AGENCY
[—� I hereby affirm We,Wen is a construction lending agency for We Performance of --�
144the work for which this permit in issued(Sm:.J097,Civ.C.) V
a Lender's Name
0
r7 z f<nder's Addtrss
U Q I certify that 1 have read this application and sum that We show information is
tsa E cermet.I agree to comply With all city and county ordinances and some laws relating m
p rV" building coctEmeisn,and hereby authorim mpresenmtivcs of this city to enter upon the
W show-mentioned Property for inspection Pmpases
(We)agree to save,indemnify and keep hamtleu the City of Cupertino against
„y
U',Lin consequence of the granting of this permit.
cep liabilities.judgments,casts and expenses which may in any way accmc against said City I
Z 1
APPLICANT UNDERSTANDS AND WILL COMPLY WITH ALL No -PO Issued by: Date
SOU E VCATIONS. ���
Re-roofs
Sign res pplicam/Conuamar Dem
HAZARDOUS MATERIALS DISCLOSURE Type of Roof
Will We applicant or future building occupant atom or handle havnrdous material
as dcfmcd by the Cuperdno Municipal Code,Chapter 9.12.and the Health and Safety
Code,Semon 25532(0+ All roofs shall be inspected prior to any roofing material being installed.
❑vee, s
Will the applicant or wre building occupant use equipment or devices which If a roof is installed without first obtaining an inspection,I agree to remove
t haxerdsus air conominams a JCOned by We Bay Arca Air Quality Management all new materials for inspection.
tris]
C]Y., No
I have ad We harardnu ma
mterials roquirements under Chapter 6.95 of We Califotr.
nia HcalW&SafctyCade,Sec6ov25505,25533md2553d.lundcnondthatif We building
does Nat currently h a mnan4 that h is my responsibility to notify the occupant of We
reyvircmcnu wni six: et pdorm issevaveor.CentUrac or Occupancy. Q- [{Signature of Applicant Date
owns autharizcJagen, „e All roof coverings to be Class "B"or better
CITY OF CUPERTINO /'�`�'+'}aT`ry'.tr a ':`g�°°�a-r'�s �'j a
aUILDINC DIVISION PERMI xA+ lnlug. ��0 kN*- "` � ;,i
..,tea
ULDING ADDRESS: FERMA CORPORATION PERMITNo04-030070
10,1r,0 WllNT-)pgT,TrT-T ng
OWNER'S NAME: PERMIT ISSUE DATE
AZITA TAJV
E: SANITARY N0. CONTROL NO.
(650) 961-2742
ARCHITECrIENGINEER: BUILDING PERMIT INFO
BLDG ELECT PLUMB MECH
u00 LICENSED CONTRACTOR'S DECLARATION Job Description
.IF❑ 1 hereby affirm that I am licensed under previsions of Chapter 9(commencing
W with Saction 7030)of Division 3 of ante Business and Prof,sslmes Code,and my license is FINAL
nontnn infmlmreeandIN 0
effact. DEMO SFD
j J� Lic,nac Class Lth.g
Data Cuntrsctor —yy p
ARCHITECI'SDECLARATION JUN 1 004
e 1 understand my plans shall be used as public records
D�u
3 y Licensed Professional
OWNER-BUILDER DECLARATION BUILDING
I hereby affirm Not I am exempt from Ne Contractor's License Law for the
❑O fallowing reason.(Section 7031.5,Business and Professions Code:Any city or county
}$ which requires a permit to construct.altar,impro e.demolish,or repair any structure
400
�ji prior to its issuance.also requires the applicant for such Permit file a signed statement
Zn but he is licensed pursuanunNepovislmnnfineContractor's L'i:enseLaw(Chapter 9 Sq.Ft.Floor Area Valuation
,1 (commencing with Section 7")of Division 3 ofthe Businewand Professions Code)u
Net he is exempt Ncrcfrom and the basis for the altegcd exemption.Any ambumn of
Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of 3 74R`NRQ1Q&cr0 0 Occupancy Type
not more than five hundred della.(5500). -
❑1.o ownerof the preparty, rmyotimanees withwagesas theirsole 044,Bsiness
will do Newark end Ne he Com is nar'sLimed er Law do forsale(See.7044,owner of
and ertywhiona Cad,:The Convectors License Law dace not apply lf an owner of Required Inspections
propertywho buildserri d that s thereon,antl who doessuch workhimseIfedthrough his
own employees,provided that such Imprommw t are not Intended mpleercd forsale a.
however,to building a Improvement Is sold within one year or improve
for the purpose
of
.[a.). will have the burden of proving Net he tlitl not build or improve far pugmec of
salt.).
1,as owner of Ne property.am exclusively contracting with licensed commiumrs to
astmct tim project(Sec.7044.Business and Professions Cade:)The Contractor's Li-
can=law does not apply to an owner of property who builds or improves mamma,and,
who contracts for such projects with a convenors)licensed pursuant to the Contractor'
License Law.
❑tun axe tunder See ,B&P C for this reason
0 Data"ea-
WORKER'S COMPENSATION DECLARATIO ,
1 hereby affirm under penalty of perjury one of the following declar dons:
have and will maintain aCertifcal,of Consortia self-Insure for Warkcr7 Compen-
sation,a provided for by Section 3700 of the labor Cade.for the performance of the
work for which this Permit is issued.
❑1 ham and will maintain Worker's Compemadon Insurance,as required by Section /
3700 of the labor Code,for the performance of the work for which this permit is issued.
My Worker's Compensation Insurance carrier and Policy number are:
Carrier: Policy No.:
CERTIFICATE OF EXEMPDON FROM WORKERS'
COMPENSATION INSURANCE
(This section need not he completed if the permit Is foram,hundred dollars($101)
or test.)
1 certify mat in the performance of Ne work for which this permit is issued.l shall not
employ any person in any manner so as an become subject to the Warkera'Compensatlon
Laws of California.Dam
Applicant
NO?ICE TO APPLICANT:If,after making this Certificate of Exemption,you should
become subject to the Workers Compensation provisions of the labor Code,you most
O Q forthwith comply with such provisions or this Permit shall be decreed revoked.
Z� CONSTRUCTION LENDING AGENCY
[•+ ask
which
that them itsued(mclinnlanding agency for the performance of
!Y. me work rut which suis permit u issued(Su.ion le Civ.C.)
W�Q Lender's Name
2 Lender's Address
U 0 1 certify Nat I have mad this applkadon and sure mat Ne be.information is
D.F correct.I agree to comply with all city and county on inahms and state laws relating to r
OU building construction,and hereby adhorise representative of this city N enter upon the
CI] A......ationed property for inspection purposes.
ty�s,C (We)agree to sato.indemnify and keep harmlass the City of Cuperlina agsisst
I`.t rA liabilities,judgments,costs and expenses which may in any way accrue against said City
�7/
U7 mcansequenccofmcgrandollar this permit.
�7 APPLICANT UNDERSTANDS AND WILL COMPLY WITH ALL NO -POINT Issued by: Date
SOU E EG LATIONS. c•��
O Re-roofs
Sign rco pplic4nUCmareavr Data
HAZARDOUS MATERIALS DISCLOSURE Type Of ROOF
Will the applicant ar forum building occupant atom orhandle harallous material
az didmad by the Cupertino Municipal Code.Chapter 9.13,and the Health antl Safety
Cade.Section 25532(ay? All roofs shall be inspected prior to any roofing material being installed.
❑Yes
Will Ne applicant ort.building occupant use equipment or devices which If a roof is installed without first obtaining an inspection,I agree to remove
hazardous air contaminants as dcfined by d¢Bay Arca Air Quality Management all new materials for inspection.
District?
❑Yes Nu
I have mad the hvardnu omerials requimmen.under Chapter6.95aftha Cmirm- '
nia Health&Safcty Code.Sections 25505.25533 and 8534.1 undemand thalif the building
dean nor cunemly hppp tee a moan Nat it is my responsibility to madly the occuPant of me
rcyuirementswhiolf at berry �lpdmrta ist,ana,oracemreath\\anay_�Z t�Signature of Applicant Date
Own, authmircd agent ��/ ate t All roof coverings to be Class"B"or better
CITY OF CUPERTINO
�m 1 of 1 PERMIT RECEIPT OPERATOR: conniew
COPY # 3
Sec : Twp: Rng: Sub: Blk: Lot :
APN . . . . . . . . . 37517009 . 00
DATE ISSUED. . . . . . . : 05/12/2004
RECEIPT # . . . . . . . . . : 25513
REFERENCE ID # . . . : 04030070
SITE ADDRESS . . . . . : 10350 WUNDERLICH DR
SUBDIVISION . . . . . .
CITY
IMPACT AREA . . . . . .
OWNER . . . . . . . . . . . . : AZITA TAJVAR
ADDRESS . . . . . . . . . . : 10350 WUNDERLICH DR
CITY/STATE/ZIP . . . : ,
RECEIVED FROM . . . . : AZITA TAJVAR
CONTRACTOR . . . . . . . : FERRARI', ROY LIC # 19944
COMPANY FERMA CORPORATION
ADDRESS . . . . . . . . . . : 1265 MONTECITO AVE
CITY/STATE/ZIP . . . : MOUNTAIN VIEW, CA 940434506
TELEPHONE . . . . . . . . : (650) 961-2742
ISEE ID UNIT QUANTITY AMOUNT PD-TO-DT THIS REC NEW SAL
---------- ------------- ---------- - --------- ------ ---- -- ------ -- ----- - -- --
BPERMFEE VALUATION 9, 000 . 00 147 . 00 ' 0 . 00 147 . 00 0 . 00
BPLANCHK PERMIT FEE 147 . 00 124 . 95 124 . 95 0 . 00 0 . 00
BSEISMICRE VALUATION 9, 000 . 00 0 . 90 0 . 00 0 . 90 0 . 00
---------- - --------- ---- ------ ----------
TOTAL PERMIT 272 . 85 124 . 95 147 . 90 0 . 00
METHOD OF PAYMENT AMOUNT NUMBER
-------- --------- ------------ ------------------
CHECK 147 . 90 161
TOTAL RECEIPT 147 . 90
VOICE ID DESCRIPTION VOICE ID DESCRIPTION
704 DEMO
Pacific Gas and 10900 North Blaney Avenue
Electric Cupertino, CA 95014
Company
ICU
City of Cupertino MAY 112004
10300 Torre Ave.
Cupertino, Ca 95014 Clyy C)F CUPERTINO
To Whom It May Concern:
Subject: Removal of Gas and/or Electric Facilities
The gas and electric facilities kave been removed and/or abandoned at
l� 3Z7 Gt�1cYY�LrCt["/2 �(%� ' n. ldlGr.c7 on
If you have any further questions, please contact me at (408) 725-2024.
Sincerely,
ervice PI ni g
03/22/2004 10: 37 6509683945 FERMA CORPORATION PAGE 02/02
! F+tlation 11, Rule 2
COMPLIANCE &
BAYAKEA ENFORCEMENT Acknowledgement of
WQUALITY DIVISION Notification and
ACGMYNT Payment of Fees
D 1 S T A. l c T
3/16/2004
Ferma Corporation ���/ Job No: IY'673
1265 Montecito#200
Mountain View,CA 94043 Invoice No: OTX3o
The Bay Area Air Quality Management District(BAAQMD)acknowledges receipt of your payment and
Your Asbestos Removal or Demolition Plan described as:Demolition
Site address. 10350 Wunderlich Drive La3o��
Cupertino, CA 95014
Start Date March 29, 2004
Completion Date March 30, 2004
Removal amounts of friable ACM 0 linear feet 0 square feet 0 cubic feet
Should it become necessary to revise this plan,please do so in the spaces provided below and immediately
copy the District by fax or by mail.
REGULATION 11-2 REVISION BAAQMD J# 1Y673
REVISION# START DATE COMPLETION DATE
1
2 t
3
4
5
NOTE: Yhis form is not intended as a verification of either the completeness ofyour original notification
ar of its compliance with BA,4QMD Regulation 11-2. lfyou have any questions about this
acknowledgment,please call our office at(41 SJ 749-4762.
03/22/2004 10: 37 6509603945 FERMA CORPORATION PAGE 01102
Ic' I C i .ii ViMi�llli
"r III L r FERMA CORPORATION
y id i � iY.
I
h '� ily ria,�,•
FACSIMILE TRANSMITTAL
To; Paul Yee DATE: March 22,2004
COMPANY:
FROM: Nicole Moretto
FAX NUMBER: (408)777.3333 _ PHONE NUMBER; 650 961-2742
PHONE NUMBER; TOTAL NO.OF PAGES INCLUDING COVER; 2
RE; 10350 Wunderlich Drive, Cupertino '—
URGENT PLEASE COMMENT ORIGINAL MAILED
[j]FOR REVIEW/USE PLEASE REPLY
NOTES/COMMENTS: Attached is a cOPF of the BAAl Notification(J11you need for the demo permit.
This facsimile and documents accompanying this telecopy transmission contain CONFIDENTIAL INFORMATION from thesunder of this
transmission, and are for the solo use of the intended recipient of this transmission, and may be privileged, and exempt from
Idisclosure under
Any other dissemination, distribution or copying of this communication is strictly prohibited.
1265 Montecito Avenue, Suite 200 . Mountain View, CA 94043-4506
(650) 961-2742 ' Fax (650) 966-3945
City of Cupertino
Public Works Department
10300 Torre Ave.
Cupertino CA 95014
. (408)777-3354
Debris Bins
Debris from a project in Cupertino can be collected and disposed of in either:
1. a Los Altos Garbage Co. bin (call 725-4020 to order), OR
2. a bin owned by the project's general contractor or demolition contractor, and hauled by a vehicle
owned and registered to that contractor (contractor should be prepared to prove ownership), OR
3. a private truck with a bed, but no bin
The Los Altos Garbage Company is the only debris bin service provider
franchised to do business in Cupertino.
Bins from other leasing companies may not be used in Cupertino.
Please check all that apply:
I will use a Los Altos Garbage Company bin
❑ I will use a bin and truck owned by the general contractor or the demolition contractor.
❑ I will use a private truck, and not drop a bin.
Recyclable Mat
Recyclable materials may be collected in private IMCi e®ed
from ANY company, as long as the materials are both:
1. separated by type of material into separate containers, AND MAR 112004
2. are not contaminated by garbage.
CITY OF OUPERTINO
Separated recyclable materials are materials that are see , each
containing just one type of recyclable material. Typical examplesoff recyc ale Afts
include: metal,wood, concrete, steel-reinforced concrete, asphalt, tree trimmings, white goods,
toilets (hardware removed),rocks and clean fill dirt. Separated recyclables must ultimately be
recycled or otherwise reused, and not disposed of in a landfill.
Contractor should be prepared to provide the name and phone number of any recycling companies being
used on the project. A list of local recycling companies can be found at: www.recyclestuff.ore.
.............................................................................................
Signature: `� .�� �� ZC/o ,A- 140 V$-R
Date: 3 foy
Name (printed)Y Az1 TA TSI� V tl-2
Title: �w
Phone: _Vl
Project address:
This form to remain in the project's building permit file for the duration of the project.
Revised 1/03
SANTA CLARA COUNTY • 4P°`ARA°°° 40 2-5010
VECTOR CONTROL DISTRICT <� 1-800-675-1158,
976 Lenzen Ave. ° Technician's #
San)ose, CA 95126 /�,1 �/J 1� �'by °kr4-e www.sccvector.org
Technician /((,rl/` R°�
RODENT HOME & YARD INSPECTION FORM
SR# 41 b 3d Address: <03 SD UJU�7LLi(A oR- city:��K t/N d
Owner O Tenant O Previous Visit:
ATTRACTANTS FOUND: O Pet food/birdseed O Fruit O Nu Citrus O Uncovered garbage cans O Insects(snail &
� I
slugs) O Vegetable garden O Harborage A Other Nc�►
ENTRY&ACCESS POINTS TO BUILDLINGS NEEDING REPAIR: O Vent screens, attic&foundation O Holes in roof
O Pet doors O Open doors&windows O Chimney O Fences O Trees
(}r O Patiiocover O Crawl space op
enin,g
O Unfinished construction O Pipes, cables&wiring entering walls&foundation O 4NjkWV�d000rs(s)
O Over-lapping roof lines Other C ONI-INQ? , `)NIC171
n/
�
a OO —
ANIMAL DAMAGE TO: O Lawns O Gardens O Flower beds O Roof O Vent scree1A0j'Fpur,>�.tions O Sidewalks
� Q Vv{Y'�Y
O Heating ducts O Insulation O Wiring O Plumbing A Other e
THE FOLLOWING IS NEEDED FOR YO °7
16 TO MINIMIZE OR ELIMINATE RODENT APRED
O Weather stripping around garage and house doors O Remove any trash accumulation
O Keep sheds tightly closed O Seal where pipes/wires enter building
O Keep crawl space covers in good condition and secured O Spark arrester needed on chimney
O Seal all openings where roof-lines overlap O Replace and/or reinforce all vent screens
Q� Harvest all ripe fruits, citrus and nuts from trees and off ground O Ivy or other plants thinned and/or removed
O Keep all garbage cans covered and secured O Keep all doors and window closed after sunset
O Keep all pet doors closed and secured O Take all pet food and containers inside by sunset
O Cut back all trees, bushes and shrubs approx. 24-36 inches from roof
O Store all firewood approx. 18"above the ground and 12"away from any structure
Comments: D, �b Ko t-iND Awy (
fo» QT f-L, I-j)Cuc=C
Als TIME —t � I � -" � { -
p� ro � � CA7nr
PROPERTY OWNER/TENAT PLEASE NOTE:After all entrances are sealed shut,any rodents left inside the structure
should be trapped with a snap trap. Traps should be baited with oatmeal,walnut meat, or peanut butter
CAUTION: Do not use any rat poisons inside structures
THE ABOVE CONDITIONS HAVE BEEN FULLY EXPLAINED TO ME
A -i
SIGNATURE(Owner/tenant): 1"7 / 'il 4i DATE ( D
OPM53 REV 8/02
r
R
00/08i2004 18:P2 FAY 608 082 OEOP _FILELITY CUETC,dIER ERVC:.,_, 4001
. . FzdeCty %, "horcaC tCe
�p,ZCovefStieet
CummmrSer me Department
Now(408)437-4313 paX(408)392-9832
0 rjrox gWcv=oug&CustOmefSem m Mawfir
s� chruand Ca mu-custawrsenw 4peaewative
Date: T I V I D
RECO'
(Please mekver?o: ------------- `^ ft 1 1 2004
CITY OF. PERTINE)
BUILDING DEPARTMENT
'I'otal�E'ages Including Cover,
Comments:
Thank Tou For Choosing Fide City ,7Vationaf TitW
2099 gateway glace,Suite 100, San lose, Ca. 95110
.p3/08/2U04 16:22 FAX 408 302 9832 FIDELITY CUSTOMER ERVC. ,_,. _, Zion
r � ^_ ter, fy'' .JS"i_`_.. .u. ,•'�•• ,�; -^ • .
.7131299 Page
DOCUMENT: 17131299 Peggie' 20
RecordWssLL6taPARGIOested E Fees, . 66.00
• wRLLB PARGO 80109 IIDRTOAOE, IHI�II V Teres ,
IRC. Copies. .
,wtvt3ezea+ AMT PA I D 56 00
Return To: BRENDA DAVIS RDE a 007
W%LL8 9ARGO :60)2 1109-rG14RP SANTA CLARA COUNTY RECORDER 8/24/2003
INC. Recorded at the request of 8100 AM
9601 NXNNEBOTA OR, SUITS 200
BLOOMINGTON, HN 39435 Fidelity National Title Ina
Prepared 13yt
WELLS FARGO SOME WORTOAGE,
INC. ,
1395 BPRttCO 8T„ RIVERBIPS,
CA 92506DD0D opue Abu ye M Line Por Rear"1111121
DEED OF TRUST
DEFINITIONS
Words used is multiple sections of this document ata defined below sed other words are defined in
• �, Sections 3, 11, 13, 18, 20 and 21. Certain rules regardinS 1116 usage of words used in this document are
also provided In Section 16.
(A) "rseeprtfy Irtatrumeat"111011611 this d0cumea4 which is datal+T7N8 09, 2001
(" tog6ther with all Riders to this document,
(li)"Harrower"Is AETTA TA,7VAR, A SINGLE PE18021
1 •
Borrower is the trustor under this Security Instrument.
(C) "lesder"Is WELLS 9ARGO 801m'MORTGAGE, .INC.
Louder is a CORPORATION
orgesixd and existing under the Jews of TRE STATE OP CALIFORNIA
0077400466
CALIFORNIA-Single FamllpFennle MeelPreddis Mae UNIPORM INSTRUMENT Pan 3005 7101
pan I of 15 M04LL—
(�•61CA1 ieoocL / � � �II� ��
il VNp M6aT0A0F ROaMe-I"C01+119]61
00/08/2004 16:23 FAX 408 992 9832 FIDELITY CUSTOMER ERVC_ 2003
.7}3!295 Face 2 .
Lendae'saddrewIsP.O. 20210304, 088KDINEE, TA 503060304
Lender is the benetlelM under this Security Instrument.
(I1) 11"wlae"Is IrIDELITY HATZ'OAL TITLE INS CO
(E) "Note"means the promlt ory note signed by Borrower surf dated JUn 09, 9008
Th*Nott States that Harrowar owes Lander TWQ BANDRBO TBTRTY POUR 'CBOUSAN0 AND 00/100
Dollars
1 (U,S, g e a e a 23 4,0 00.0 0 )plus interest.Borrower hes promised to pay this debt in regular Perlodic
payments and m pay the debt In NII not!Ater than OnT 01, 9033
(F)menta and t mean the peoPerry that is described below under the beading "Trawler of Rights in the
Property,"
(G) "Ltmn"mrtans the debt evidenced by the Now,plus intomat, any prepayment charges charges and late char w
&
due under the,Nota,and all Sums due under this Security Instmmem,plus interest.
(H)e,Mdm1, l sans all
hicn, to to eis(ebeak hors at uctantat lei are eaecdrod by Borrower.The following
Rid
rs
Adju&mble Rate Rider Coodominhan Rider Second Homo Rider
Balloon Rider Planted Unit Dovoloptaeat Rider 1.4 Family Rider
VA Rider Biweekly Paymeat Rider IIIJJJ thher(s)[specify]
(1)."Applicable Law", meats all controlling applicable federal, state and loud Btatnrae, regulations,
otdiaeooas end administrative Rules and orders(that have the effect of law) as well as all applicable final,
non app slablejudicial opinions.
• (1) "CommuWty Assoclation Does, Faes, turd Assessments"means all dues, fees, "llowments and other
charges drat are imposed an Borrower at the Property by a 000dominium association, homeowners
Asoclaton or similar organization.
(10 "Electronic Funds, Trarder" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper itutrutecnt, which is initiated through an electronic tetminal, talephoOio
instrument,compucet, of magnetic tape so a to order, Instiller, or authorize a Fmmalsl institution to debit
or credit an account. Such term lacludes, but is not limited to, poiot•o(sale tramferA, automated taller
machine tnossclines, transfers initiated by telephone, wife transfers, slid automated cltaringhrmse
transfer&.
(L) %!row Items"means those items that are described to Section 3
(MI "Miscellaneous Proceeds" screw any compeasatlan, Settlement, award of damages, or proceeds paid
by any third party (other than(usurance proceeds paid and it the coverages described in Section S) for! (i)
damage to, of&tructina of, the Property; (ii) condenualtiou or other taking of all at any part of rho
Property; (11f)eouveyance in lieu of couderanetloo; of (iv) misrepresentations of, or omissions as to, the
value aadlor coalition of the Property.
(N) %ottgsgo Insurance" means insurance protecting Leader against the nanpaymen 0f, or default on,
the Loan.
(0) "Periodic Payment"mesas the regularly scheduled amount due for(1)principal and interest under the
Note,plus(ii)any amounts under Section 3 of this Sacurity Instrument,
(P) "PMPA"means the Real Fuels Settlement Procedures Act (12 U.S-C. Section 1601 et seq.) Bad its
implsnneoting regulation, Regulation X (24 C.F.R. Pett 3500), as they might be amended from time to
time,or any additional or suaoessor logislatioa or regulation tree governs the same subject matter.As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed In regard
�410At,a&on r..am 15 Ferns 3005 V01
03/08/2004 16:24 FAX 408 392 9852 FIDELITY CUSTOMER SRVC._ _ __ 004
_7,131299 Rage i --- , •. :�,�. .s; �— •
to a"federally relatud mortgage loam" even if the Loan does not qualify as a "federally related mortgage
loan"under RESPA. that has taken title to the Property, whether or
(fy "Suaxesor In lsttereet of Borrower"means anY party
not that party bee easumed Borrower's obligations order the Note and/or this Security lastrument.
I
TRANSFER OF RIGRTs IN THE PROPERTY
This security Insrrumerlt secures to Lenders(I)the repayment of the Loan,and all renewals,extensions and
modifications of the Note; and (I,) the performance of Borrower's covemats and agree:mema under tins
security Instrument and the Nota. For drip purpose, Borrower Irrevocably grants and conveys to
Trustee, in tmst, with power of sale, the following deaeriberl properly located in the
COUNTY ofJIAlr4'A CLARA
In1e of Recatdina)utisdictleal INt=or peeordina 100101i0nl
"LFi6AL DEMC921TION ATTACHED BERRTO ANO MADE APART 119RRO1."
*BBE ADJUSTABLE RATS RIDER .
• Parcel ID Number: 375-17-000 which cureEtlyhas the addraasof
10950 WMZRLICH DRIPS [sueeq
CUPERTINO Icayl, California 85014 [Zip Codel
("Prom Addcass'):
TOGETHER WITH all dee improvements now of hereafter erected on the propufty; and all
easemencv, apponausnces, and fixtures now or hereafter a part of the property. All roplacomenn and
additloms shall also be covered by this Security Instnsmant. All of the foregoing fa referred to in this
Security Instrument as the"property."
BORROWER COVENANTS that Borrower is lawfully aeiwd of the eareta hereby conveyed and hu
the right to grant and convey the Property end that the property is unencumbered,except for encumbrances
of record._ Borrower warrants and will defend generally the title to the p[oparry spinet oil claims and
demands,subject to any emumbrarlcas of record,
THIS SECURITY INSTRUMENT eombinus uniform covenants for national itst sad non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security inth9mwnt covering real
prop",
UNIFORM COVENANTS. Borrower and Lender covenant and agree e9 follower
1. payment or principal, Interest, Esaow Items, Prepayment Charges, and Late Charges.
.Borrower shall pay when due the principal of, and interest on, du debt evidenced by the Now and any
prepayment charges end late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. payments due under the Nota and this Sucurlry Instrument shall be made in U,S.
' Inlbe:l;
�.61CA110061 a.r 3 d,a perm 3006 1101
II
i
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•
currency.However;if any check or other Instrument received by Lender as payment under the Note or this
Security instrument is tempted to Lender unpaid, Lender[nay require that Any or all subseguant��n�
due under the Note and this Security Instrument be made is one or more of the following
setecte9'by Lender: (a) cash; (b) money order; (c) certified check, bank,chock, treaaurer's check at
cashier's check, provided any such check V thaws upon An htstitution whoa deposits are insured by a
federal agency, instrumentality,or entity;or(d)Electronic Ftmds Trawler.
payments am deemed received by Lender when received at the locatita designated in the Note or at
such other location ee may be desigamed by Lando. in accordance with the notice provisions in Section 15�
Lauder may Murn any payment or partial payment if the payment or partial payments aro insufficient to
bring the Loan current. Lender WAY Accept Any payment or partial payment insufficient to bring the Loan
currant, without waiver of Any malts hereunder or prejudice to its rights to reNse such payamn enial
or p
payments in the future, but Lender is not obligated to Apply such payments at the time such payments ate
accepted. if oac t Periodic Payment Is applied os of its scheduled dire data, then Lander need not pAy
interest on unappllad turtle,Lender may hold such unappilid funds until Borrower makes payment to bring
the Loan current-If Borrower does not do so within a reasonable period of tuna,Lender shell either apply
such funds or return them to Borrower-If not applied earlier,such fiords will be Applied to the outstanding
principal balance [rider the Note immediately prior to foreclosure. No offset or claim which Harrower
might have now or in the forum agolrst Lender shalt telleve Borrower from making payments due under
the Note and this Securiry Instrument,or performing the covyndats end agreements secured by this Security
Instrument. -
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shell be applied In the following order of priority: (a) interest
due under the Nota; (b) principal due under the Note; (c)arnounts due under Section 3, Such paymocs
slab be applied to each Periodic Payment in the order in which it became due. Any remAiwul; amounts
shah be'applled first to into chargee, second to any other amounts due War this Security lnstru AIII, And
then to reduce the principal balanoo of the Note.
• If Leader receives a payment from Borrower for a delinquent Periodic Payment which Imcludus a
suffinimt amount to pay Any late charge dna, the payment may be applied to the delinquent payment end
the late defray.if more thea one Periodic Payment is outstanding, Lender may apply any Payndot toceived
from Borrower to the repayment of the Periodic Payments If, end to the agent that, yeah payment can be
paid in full.To the extent chat any excess exists atter the payment is applied to the full payment of one or
more Periodic Payments,such excess may be applied to any late 4argas dry, Voluatary prepayments ahail
be applied first to any prepayment charges and then see described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due uadar
the Nots shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
3. blinds'for Escrow iternm. Borrower shall pay to Lander an rho day Periodic Payments are due
under the Note, wail&Nom is paid in full,a sum(the "Funds")to provide for payment of amounts due
for: (a)taxes and assessments and other items which can Attain Priority over this Security Instrument As e
lien or e,,umbtauco 9a the Property; (b) lonebold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; slid (d) Mortgage Insurance
premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in a6cordamoo with the provisions of section t0. These Notre so called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association, Dues, Fees, and Assesm ants, If any, be escro%vd by Borrower, and such duce, fees and
Assesaments shall be art Escrow lam.Borrower&bail promptly 14 wish to Leader all notices of amorous to
be paid under this Section. Borrower shall pay Leader the Funds for Escrow Metre unless Lender waives
Borrower's obligation w PAY the Funds for any or all Escrow Items. Lender may waive Borrower's
oblypIdon to pay to Lender Punds for say or all Escrow lama at any time. Any such waiver may Only be
ry r
irrraa /7 . ,
�atCA1!osast Pop 0f It Ferro 3005 1 rOt
i
N/06/2004 16:23 FAX 408 392 9892 FIDELITY CUSTOUER SRPC__., 2006
17'_31299 Paye 5 ^'
is writing.In the avant of such waiver,Borrower shall pay directly,when and Where payfbLea [ �°ul r'e
due for any ,scrow Items for which payment of Funds has been waived by Lear end, e9
shell furnish to Lender receipts evideuciag such payment within such time period as Lender MAY
require-
mosed n
Borrower',obligation TO make Ruth Payments and to provide ceceiple shall for all purposes be
be a covemnt and agreement contained in this Security Instntmoat,as Chip phrase 'eovamnt end agreement"
is used in $action 9: If Borrower is obligated to pay Escrow Items directly, pump to A waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lander MAY wtercise its rots nder Section 9
ny such
and pay such Amount Borrower shall then be obligated under Section 9 m repay to Ley am u given in
amount. Leader may revoke the waiver as to any or all Escrow Items at any Leader all ponds, and in
accordance with Section 15 and;upon such revocation, Borrower shall pay
such amounts,that aro thea required under thisi Section 3,
Leader may,at say time,collaot and hold Fluids in an emomt(a)sufficient to parmit Louder m apply
the Funds at the time specified under RESPA, and (b) not to oxcesd the maximum amount a louder can
require under RESPA. Lander shall asdmate the amount of Funds due on the basis of current date nod
tessooable estimates of expenditures of fume Barrow 'rams or 01homiso in accordance with Applicable
Law. '
The, Funds abal] be beth in as inatlturioo whose deposits are insured by a federal agency,
itWrumonnlity, or entity(Including Leader,if Lender is an institution whose deposits am so Insured)or in
any Federal Hauw Loan Bank.Lender shall apply.the Punch to pay the'Ererow Items no later than the time
specified under RESPA. Lender shall not tdtArgo Borrower,for holding and applying the Funds,annually
analyzing the escrow account,or verifying the Escrow Items, unless Candor Paye Borrowsx interest on the
Funds Rod Applicable Law permits Leader to make such a charge. Unless an agreement is made In writing
Or Applicable Law requiroa interest to be paid on the Funds, Lender shall not be requited to pay Borrower
any Interest or earnings on the Funds. Borrower and Larder can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an Ritual accounting of the
Funds as requited by RESPA. .
• If Wars is A surplus of Ponds held in escrow, oa dermed under RESPA, Lender shall account to
Borrower for the excess funds in awordanee with RESPA. If there is a shortage of Funds held In escrow,
as defrrod under RESPA,Lender drall notify Borrower as required by RESPA, and Borrower$hall pay to
Lender the amount necessary to make up the shortage in Acoorlancs with RESPA,but in no more than I2
monthly payments,If Were is a defitisnsy of Funds held in ascrow,as defined under RESPA,Lander shall
notify Borrower As required by RESPA, end Borrower shall pay to Lender the Amount oecnssaty to make
up the deficiency In accordance with RESPA,but in no more than 12 monthly payments•
Updn paymtat in full of all sums secured by this Szurlty Instrument. Lander aball Promptly reNnd
to Borrower any Funds hold by Leader.
4, Charges; LIAM, Borrower shall pay all tacos, AM&Aments, charges, fines, and impositions
artribuoble to the Property whleh an attain priority over this Security instrument, loaaehold payments or
ground rents on the Properry,if any, said Commuaity Association Dues,Face,and Aaseasmisms, if any.To
the extent that these items are Escrow Items,Borrower&hall pay them in the mamer provided is Soctiun 3.
Rb6wer shall promptly discharge any lien which has priority over Ibis Sorority Instrument unless
Borrower: (a)agrees in writing to the payment of Wo obUgarion secured by the lien In a roamer acceptable
to Lender,but only so long as Borrower is portbrrning Stich agreement•, (b) contest$the lien in good fait
by, or dofands against enforcemam of the lien in, legal proceedings which in'Lender'$opinion operate m
prevent the enforcement of dna lien while,those proceedings are pending, but only until such proceedings
are concluded; or(a) secures from the holder of We lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument.'If Lender determines that any Par of the Property is subject m a lien
which can attain priority over this Security Instrument, Lender may Siva Borrower a notice identifying the
OICAI toacm soot 1.rtr Farm 7005 1101
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17131299 page 'o -.� �' ., •
lion.within 10 days of the data on which that notice is given,Bartow"shall satisfy the lieu or take one or
more of the actions set forth above in this Sect-loft 4.
Leader may require Borrower to pay a ons-tiros charge for areal ea.eo telt varifloatlan sodlor
reporting service veal by Leader is eormecilon with this Loan, �nn �w meting or hereafter erocud an
5, property Imurancet Borrower shall keep the fmpro ,
the Property iraerod against loss by fire, hazards included within the term "extended coverage, and any
other hazards including.but not limited to, earthquakes and floods, for which Leader requires imuraaw•
This 6urauca shall be mainatiaed in the amopnta (including deductible levels) and for the periods dud
i arl change during am term of
Lender requires. What Lender requires pursuant to the preceding sannncea Borrower sub to Lender',
pyre Loan. The imimmuae carrier providing the insurance shall be chosen by j
right m disapprove Bottower'a choice, which right shell hot be exercised i unreasonably, Lender od zone
require Borrower m pay1 in connection with this Loan, either; (a) arena time charge
determinetica. certification and tracking aervicas; or (b) acne-time till" for flood none d�ctemurtmwnttPuh
and certification services nail subaequmt charges each'ilme remappinga or Almilar cbattg"
reasonably mlght effect such determination of cartif'icuion. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connee60a with the
review of any flood zone determination raculting from as objection by Borrower.
If Iltrrrowrr fails to maintain any of der.eoveragdet described above, Lender may obtain insurance
covengs, ut Lender's option and Borrowor'a of pmse. Lender is under no obligation to purobue any
particular typo or amount of coverage. Theaftire, ouch coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in rite Property,or the mnreats of the property,aggaa/net any rink
hazard of liability and might provide greateror lesser coverage than was previously fn efftmt, Borrower
acknowledges that the cast of the iasurewo coverage so obtained might significantly exceed die Inst of
insuteuce that Borrower could havu obtained Any amounts disbmsed by Leader under this 56060115 shall
became additienel debt of Borrower secured by this Security lastrumani.These amounts shall bear interest
at the Note rate from the data of disbursement and shall be payable, with such interest,upon notice from
Lender to Borrowar requesting payment.
All insummce policies required by Lander,and renewalx of such policies shell be subject to Lender's
• ,right to disapprove such policies, shall include a esuddrd mortgage clotua, and shall tame Lender as
mortgagee•and/or as an additional loss payee and Borrower further agrees ro generally assign rights to
insurance Rroceeds to the holder of the Nota up to the,amount of the outstanding loan balanco,Lender shall
hive the right to hold die policies lad re wwal cert ficates. If Lender requires, Borrower shall promptly
gWe to'Leadar all =ecsipts of paid premiums and renewal notices. If Borrower obtains say form of
insurance coverage, riot otherwise required by Lender, for damage to,or deatrmdoa of, the Property, such
policy shall intrude a standard mortgage clause and shall nems Lender as mortgagee matin as as adulitional
loss pay"and Borrower further agrees w generally assign rights to insurance proceeds to the holder of the
Note up to the amount of the owstandhig lam balance.
In the event of,loss, Harrower,shall give prompt dotice.to the lusuranim carrier and Lender. Lender
WAY make proof of lone if not made promptly by Borrower. Unless Leader and Borrower otherwise agtroo
In writing, any Iraurencc proceeds, whether or out trio underlying ihsmence was required by Lender, shall
be applied to restoration or repair of the Property, if the rasiontion or repair is sconotrdcelly feasible and
Lender's security is not lessened. During such repair and resmratfon period, Lender shall have the right to
hold such insurance proceeds until Lender has bad an opportunity to!aspect such Property to came the
Work has been eompletod to Lander's sattfactlaa, (trovided that such inspection shill be undsrtaken
promptly. Lender may disburse proceeds for the repairs Add restoration in a single payment or in a"ries
of progress payments As the work,is completed. Unless an agreement is made in writing or Applicable law
requires interest to be paid on such humane proceeds, Lender shall not be required to pay Borrower any
interest or am'nitngs w such proceeds. Fees far public adjusters, ar other dttrd parties, re tried by
Borrower shall not be paid out of the insurance prweeds and shall be the solo obligation of Borrower. If
the restoration at repair is not economically feasible or LAnder'c security would be lessaaad, the insurance
proceed/shell be applied to the sutras secured by this Security Instrument, whetter or not then due, with
Inti,Ve
' �WCAI VAAbs) wt.s•ns Perm 30D5 rlDt
•
05/08/2004 18:27 FAX 408 992 9492 FIDELITY CUSTOMER SRPC, X008
17131295 page -- _ `
the excess, if any,paid to Borrowor.Such insurance proceeds shall be applied In the order provided for in
Section 2.,
if Borrower abandon+ the Property, Louder may file, negotiate and Bottle any available insurance
claim and related matters, if Borrower does not respond within 30 days to a modes from Lender that the
insurmroe carrier has oMred to settle a claim,than Lender may aegotlats and settle the claim.The 30day
period wUl begin whon the notice is given. In either event, or if Lander acquires the Property under
Section 22 or Otherwise, Borrower hereby s signs to Leader (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the
thin Vapid
�undeor r
!Security
IQ%aUtAnd
(b) my other of Borrower's rights ( theo any refund of d Paid
insofar 23 such rights are applicable to the
Borrowcr) under all
insurance
policies covering the Ptopotty,
coverage of the Property. Lender my use the insurance proceeds Biuret to repair or mature the Property or
to pay amounts unpaid under the Nato or this Security Instrument,whether or not as Borrower's principal
6, 0,porspanSy. Borrower shall occupy, establish, han dug.
add use the Property P P
residence within 60 days atter the execution of this Security Instrument and shall continue re occupy the
Property as Borrower's principal residence for at least one year after she date of occupsucy,unless Leader
otherwise agrees in writing, which consent shall not be unseasonably withheld, or unless extenuating
circumstances exist which aro beyond Borrower's control. actlorm_ Borrower shall not
7. Preservation, hfalntertance and Protection of the Properly; InsP
destroy, damage,or impatr the Property, allow rho Property to deteriorate or cottsmit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall alai udel the Property In
order to prevent the Property from deteriorating or decreasing in value due to Its condition. Unless it is
determined pursuant to Section s that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if dattwged to avoid further deterioration or damage. If Insurance or
coadomaation proceeds are paid in counecdon with demags to, or the taking Of, the Property, Borrower
shall be responsiille for repairing or notating the Property only if Louder has ro}eaaad proceeds for such
purposes, Lender may disburse proceeds for the repair$and mstoralion in a single payment or in a series of
• progress payments as the work is completed. If the insurance or condemnation ptncw&are not sufficient
to repair or restore tia Propoity, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent tray make rasaoaable entries upon and inspections of the Property. If it has
reasonable cause, Lender may Inspect the Interior of the improvements on the Property. Lender shall give
Borrower entice at the time of dr prior m sttcb an interior inspection specifying such reasonable cause.
ii. Borrower's Loan Application, Borrower shall be In default if, during the Loan application
process, Borrower or any persons or amities acting at the direction of Borrower or wish Borrower's
knowledge or consent gave materially false, misload'utg, or inaccurate information or statements to Lender
(or failed to Provide Louder with material irdermulott) in cottmeccion with the Loan Material
repr60rtatious include, but ate not United to, representations concerning Borrower's occupadoy of the
property as Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. if
(a)9orrower fails to perform the covenants and agreatoeats contained in this 5coudtY inttmmont, (b) there
is a legal proceeding that might significantly affect Leader's interest fn de Property andlor rights under
d&Security Instrument(such to a proceeding in bankruptcy, probate, for canderonatioa or forfeiture, for
enforcement cf a lien which trey attain priority over this Security ldstrumeat or to enforce laws Or
regulations), or (c) Borrower has abandoned the Property, then Louder may do and pay for whatever is
reasonable or appropriate to proteat Lender's interest in the Property and rights under this Security
lastsument, including protecting and/or assessing the value of the Property, and scouring andlor repairing
the Property, Lender's actions carr include,but ate not limited to: (a) paying any owns secured by a lien
watch has priority over this seeuriry Instrument; (b) appearing in court//;; and (c) paying reasonable
Imd.b&Z-
� �WCAl races; rnr.rer,e Form 3a6S tfet
I
03,08/2004 18:27 FAX 408 982 8992 FIDELITY CUSTOIIER,SRVC,,— [Moog
1'7131299 Page B ,
y Instrument,
attorneys' fees to prottCt its interest is rocasdding. Securing dlor tghts Under ate Property i cludca, but is not limited to
its secured position is a bankmpteY pre tail drain water
entering the Property to make repairs, change locks, replace or board up doors and d windows'
from pipes,eliminate building or other Coda violations or dangerous conditions, end have utilities nursed
on or off. Although Lender may take action under this Section 91 Lender does not hero to da so and is not
under any duty or obllgation to do go.It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Mian 9,
Any amounts disbursed by Lender under this Seetlou 9 shall become additional debt of Borrower
counts Shall hdote of
secured by this Security instrument.with teian updnc Sr. arnorrceerfro= Lenderintest at thetto Borrower reequesting
disbursement and shall be Pay such
payment. with all the provisions of the
If this Security hsstra=ent is On a leasehold, B ha,werreholdshall aad they fee title shall not merge with
lease. If Borrower acquires fee title to the Property,
Lender agrees to the merger in writing.
10.Mortgage junimnca. If Lender roquirod Mortgage Insurance as a condition o F making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect. If,for any reason,
the Mortgage innraace coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such lnstr arca and Borrower was required to make separately designated payments
toward the promiums for blortgagt Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent m dna Mortgage Insurance previously in affect, at a cost subsamltdly
oquivalem to the cost to Borrower of the Mortgage,Insa aneo previously in effect, from an Alternate
mortgage insurer selected by'Lander. if substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall condrote to pay to Lender the amount of die separately designated payments that
were d retain those
payments As an the insurance on-refundableclow reserve lin lieu of Mungege Insurancrowd to be In effect. Lender ce. Such loss reserve use halll be
non-retbadable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shail not be
aired to a Borrower any interest or earnings on such tom reserve. Lender can no longer Minim loss
reserve payments if Mortgage insurance co estage (In die amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, Is obtained, std Lander requires
separately designated payments toward the premiums for Mortgage Insurance. if Lender inquired Mortgage
• lasuranvc as A condition of making the Loan and Borrower was required to make separately designated
payments toward the promiums for Mortgage insurance, Borrower shall pay the protein=s fequired to
maintain Mortgage insurance in effact, bf m provide a non-refundable loss reserve, colt Lender's
requirement for Mortgage insurance ends in accordance with Any written agroentsnt between Borrower and
Lender providing for such tatminatioe or until termination Is requited by Applicable Law. Nothing in this
Suction 10 affects Borrower's obligation to pay intsrost at the rate provided in rho Note.
Mortgage Insurance teimburms Lender (or any entity that purchases the Note) for certain losses it
may incur If Borrower does not repay the Loan as Affmd. Borrower Is not a party to the Mortgage
lnauroace•
Mortgage insurer$evaluate their mtal risk on all such inrurauco in fora from time to time,and may
enter into agreements with other parties!Pmt shaft Of modify their�6T�reduce 000ssses-'[Meant grre�elmen o
arean u m s;and conditions that are satisfactory to the mortgageparty( parties)
these menta.Theca agteowrO may require the mortgage insurer to snake payments using any source
of drat the mortgage insurer may have available (which may include funds obtained hon Mortgage
lasumnce protiums),
At a result of Was agreements, Lander, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may tuceive(direedy or indirectly)amounts that
derive from(or tnlght be oharecterized w)a portion of Borrower's paymsn a for Mortgage Insumac in
exchange for sharing or modifying tho mortgage insurer's risk, or reducing losses. if such agreement
provides that as affiliate of Lendor takes a share of the insurer's risk in exchange for a sham of the
premium pald to chs lusurer, the arrangement Is often tonnad'captive relmurance,"Farther:
(a) Any such agreements will not affect the amounts that BoRawar has agreed to Pay fur
Borrower wwill wenfar Hartselle InsueadcOor any other terms; e d they wt6 the Loan. 0 agreem"t$ will not ha&ffifit t entitle Borrower to any Wand. amount
PC=3005 7101
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05/08/2004 18:29 FAX 408 392 9882 FIDELITY CUSTOMER SRV 2010
17131299 Page 9'
(b) Any Such agreements will not affect the rights Borrower has - If any •with respect to rile
Mortiase insurance under the Homeowners Protenlon.Act of 1995 or any other law. These rights
my mclnde the tight to recelve certain disclosures. to request and obtain cancellarioa of the
Mortgage Insurance, li lnseurae Do tit were uneartrad at thterminated e time of, auditor to receive 91
such ccanoe►ladon or
refund of any lliortgage
ter udoatioa
II..Asslgnment of Miscellaneous Pmceods; Forfeiture, All Miscellaneous proceeds are hereby
assiguod to and shall be paid to Lender.
if the property is damaged, such Miccellanaoiu Procoods shell be applied w restoration or repair of
the Property, if the restoration or repair is ewmmically feasible and Lender's security it not lessened.
During such repair and restoration period, Lander shall have the right to hold such Miscellaneous Proceeds
until Lender hes had an' raunity to inspect such Prorrefty to ensure the work has been completed to
Lender's satisfaction,provided that each inspection shall he undertaken promptly. Lander may pay for the
repalre and msmrallon in a single disbursement or in a series of progress payments as the work is
completed.Unless ah agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shell not be required to pay Borrower any interest of eaminge on such
Miscellaneous Proceeds.If the restoration or repair to not cacti alcaDy faaslble or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not than due, with the excess, if any, paid to Borrower, Such Miscallanemus Proceeds shall be
applied in the order provided for In Section 2.
to the event of a total taking, destruction, or loss in value of;the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Imbrummat, *bother or not thou dnaith
, with
the excess,if any,paid to Borrower.
In the event of a partial mkiag, destruction, or loss io value of the Property to which Lha fair merlwt
value,of the Property immediately before the partial taking, destruction, or Ions in value is equal to err
greater thea'the amount of The sums secured by this Securlry-Instrumenl immediately before the partial
taking, drsifuctiol. or loss in value, unless Borrower and Leader otherwise agree in writing, the autos
secured liy this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fractiea: (a) the total amount of the suns secured immediately before the
• partial caking,destruction,or loss in value divided by(b)the fair market value of the Property lmmedewly
before the partial taking,destruction.or Ions In value. prey baiaocn shall be paid to Borrower.
in the event of a partW taking, destruction, or loss In value of the propetcy in which the fair market
value of the Ptaparty immediately before the partial taking, destruction, or loss In value is lees than the
&mount of the Some secured immediately before the partial taking, dssMfctlon, or 1033 in value, union
Borrower and Leader otherwise&&too In writing, the Mitcelleuaous Proceeds eball be applied to the sums
secured by this Security Instrument whether err not the sums are then due.
if the Property to abandoned by Borrower, or if, after notice by Leader to Borrower that the
Opposing Party (as defined In the next sentence)affer3 to maim an award to settle a claim far damages,
Borrower falls to respond to Lender within 30 days after the data the Write is given, Leader is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of die Property or to the
sutra scoured by this Security Instrument,whether or not thou due, "Opposing Party" means the third party,
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action la
regard to Miscellaneous Proceeds,
Borrower shall be in default if any action Or proceeding, whether civil or crintitlal, Is begun that, in
lender's Judgment, could result is forfeiture of tha Property or other material Impairmam of Lender's
interest in the Property or rights under this Security Instrument.Borrower can cure such a default and, If
acceleration boo occurred, reinstate as provided In Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other notarial
impairment of Lander's interest in the Property or rights under ibis Security instrument. The ptoceeds of
any award or claim for damages that acs mtribulable to the impairment of Leader's interest in the Property
are hereby Mtied and shall be paid to Leader.
All hiiac.Lownnecus Proceeds that are trot applied to restoration or repair of the Property Shill be
applied in the order provided for in Section 2. 1
12, Burrower Not Raieased; Forbearance By fender Not a Wiatver. Extorsion of the time for
payment or modification of"nortlastion of the stains secured by dils Security Instrumeat Stunted by Loader
rile
0 61CA) raw s a m Form 3006 7101
(
•
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17131299 vagi 10' " ,� ' •,���,•: '."., •. • '. .. . •
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I
to Borrower or say Successor in Interest of Borrower shall not operate to release the liability of Borrower
or Successors m Interest of Barrower. Lender shall not be required to consonance proceedings against
airy
say Successor in Interoat of Borrower of to refuse to extend time far poymeat or otherwise modify
amortization of the soon secured by this Saoudty lustrument by mope of any demand made by the o loal
Borrower of say Saoceasors in lowest of Borrower. Any forbasranda by Leader in exercising any d;t of
remedy Includio, without limitation, Lander', acceptance of payments from third persons, entities or
Successors In lutetesr of Borrower or in amounts loss than rite amount than due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. joint and Several Liability; Ctrstt'ggvem, Sttomors and Assigns Bound, Borrower covettatm
and agrees that Borrower's obligations and lZallry shall be joint and several.However,say Borrower who
co slggs this Security Instrument but dots ml exteuto the Note (a "co-siguer'): (a) is oo•sigame 491Securely Instrument only to mortgage, grant and convey•the co•elgaar's interest M the Property under the
terms of this Sacurlty Instmmers; (b) is not personally obligated to pay doe soma secured by rids Security
Ituttuinont; and (c) agrees that Loader and my other Borrower can agree to extend, modify, forbear. or
Malta any accommodtuiom with regard to the terms of this Security Instrument or the Note without the
co•sigiiet's eooWnt.
Subject m the proviaians of Simon 18, any Successor hu Interest of Borrower who assures
Borrower's obllgatigns under thio Sxurfty],utrtimeat io writing, and ie approved by Leader, shall obtain
all of eorrawer'c rigltrs and benefits ugder this Security Instrument. Bottawer ,hall qor be released from
Borrnwer's obligations sad liability under this Security Itisuitmtuu unless Lender agrees to such relearn in
writing. The covemnta and agreemo»s of this Seeur ty Lstntment shall hied (except as provided in
Sec[ion ZO)and benaflt the auaeessazs and assigns of Len cr,
' 14, Laan Chmga, lender may ehargo Borrower foes fot'services performed la canaecdoa with
eottawer's default, for the purpose rf protesting Letakr s itaosoet is the PCopstry and rights under this
Security Itutcumont, bt&luding,bat[sot 1Smltad to, auotneys, tees,pmperty inspection sod valuation foes.
In regard to any other fees, the absence of express authority m dds Security InstruatAM to charge a specific
fee to Borrower shall not be cohsnod As a prohibition on the charging of such W.Lander may ant charge
fees that aro expressly plubited by this Security Intntment or by Applicable Law.
If the Loan Is subject to a law which sets maximum loan charges, and that low is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exetedl the
permitted limine;thea: (e) any such loan charge shall be reduced by the amount imeoesary to reduoe the
charge to the pormltwd limit;and(b)any sums Already collected from Borrower which exceeded permitted
limlts will be refutdad to Borrower. Lender may choose to make this refund by reducing the prfauipal
owed under the Note or by making a direct payment to Borrower. If a refuted reduces prinalpd, the
reduction will be treated as aartial prepayment without Any prepayment charge (whether or not a
ptepaympt charge i, provided for under the Note).Borrower's Acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of say right of action Bottower Might have arislryl out
of such overcharge.
IS: Notices. All notices given by Borrower or Lender in comectiun with this Security Instrument
must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's
notice'address if sent by odder means.Notice to tiny one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly retquirae othi wim. The notice address shall be the Prop" Address
unless Borrower has designated a substitute notice Addresy by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Linder specifies a procedure for reporting Borrower's
change of address, then Borrower&ball only report a Osage of address through that specified procedure.
There may be only one dosigoated notice address under this SocuritOnstrumeat at arty one time. Any
notice to Lender shall be given by delivering It or by mailing it by first class mail to Lender's address
stated bereia unless Leader bas designated another address by notice to Borrower, Any notv:e in
comectiou with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice r'equ'ired by this Security Instrument is also required under Applicable
Law, the Applicable Law requitement will satisfy the correspendiag requirement under this Security
Instrument.
mnne�
(Ck.alCAI wooly rise 10 of ,arm 3005 1101
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1'131299 Prig,a 11 �_�. � •
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16, Governiag Law; Severability; Rides of ConMWilon. This Security lnitrimant shall be
governed by federal law and the law of the jurisdiction in which the Property is located, All rights and
obligations coutalned in this Security Instrumeat are subJect to any requirements and limitations or u
Applieable.iaw. Applicable Law might explicidy or implicitly allow the parties to agree Y
might L,dent,but such silence shall Dot be construed as a prohibition against agreenrant by cA PlI a is
the event rhes any provision of clause of this Security Instcurmnt or the Note coatiicts with Applicable
Law, Ruch conflict shall not affect other provisions of Oils Security Instrument or the Nolo which can be
given effect without the cordi toting provision.
As used-in this Security Instrument: (a) words of the mucullo gender shall mean a¢d Include
corresponding neuter wards or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa;and(e) the word 'may" gives sole discretion without any obligation to
take any action.
17, Borrower's Copy.Borrower shall be given ax copy Of the Note and of this Security ItistramecU,
15. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS,
"Interest in the Property" rnesma any legal or beneficial interest in the property, including,but not limited
to those escro p reemeatt the intent of whial interests ch is the usuafer o title byyd in a borid for deed, entract Borrower at a futureldateut sales
purchasers o
If ail or any part of the Propgrty Or any latent in the Property is sold or trauskrred(or if Borrower
is twt a natural person and a beneficial Interest in Borrower is sold or transferred)without Lenders prier
written consent, Lender may requirs immediate payment In full of e11 sutra secured by this Security
Instrument. However, this Option shall not ba sxarohed by Lender if such exercisa is prohibited by
Applicable Law,
If Lender exercises this option, Lauder shall give Borrower notice of accaieratian. The netie0 she 1I
provide d period of not less then 30 days from the date the notice is given in=0rdance with Section 15
within which borrower must pay all sums secured by this Security Stseniment' If Borrower fails to pay
these surds prior to the expiration of this period, Lender may invoke any remakes permitted by this
Security Instrument without fuAher notice or demand on Borrower.
19. Borrower's Right to Raiitatate After Acceleration. If Borrower meets certain conditions,
Boriwer shall have the right to have eakmement of this Security Instrument discontinued at any time
prior to the earl lest of:(a)five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) euch other period as Applicable Law mlght specify for the termjWdOu of
Borrower's right to celestite; or (c) entry of a Judgment enforcing Oils Security lnstrumem, Those
conditions am that Borrower: (a) pays Lender ail suras which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b)more any default of any other covenants or
agmements; !a)pays alt cxpetum incurred is snforciag this Security iretrument, Including, but not lindled
t, seasonable attosaeys' kes, property ia5pection and valuation Esse, sad other fess tncuered Eor the
yurpose Of protecting Leudat's innntt in ape Pmpatry and righm under this Security laetmtmnt; and(d)
rakes such actiOa as Lender may reasoaabty nyuirn to assure that Lendei s ]nterast in the Propcdy and
right under ttih Security Iastrumnnt, and Bormwnr's obligation to pay rho suit[,secured by this Security
lustrumem,shall oontintta urrohiaged. Lender may requite aha[Borrower poy such reinstatement sums sad
espeases in one pr mon of flu fallowing Forms, as selecrod by Lender (a) cash; (h) money order; (c)
certified shack,bank check, trrssurer's check or cashier's check, provided any stab aback ro drawn upon
an in9timtion whose deposits aro insured by a federal agexy, htsrrtrmemWity or c¢ttty; or (d) Elechnnio
Funds Transfer. Upon teiactatsmart by Borrower, this SHurity Iastrumem and ob[Igations,scored hrraby
shall remain fully effective as if no acceleration had accosts . However, this right to reinstate shall not
apply in the case of acceleration under Section 15.
20. Sale of Note; c=hange or Loan S"rer, Notice of Grievance. The Note or a partial interest in
the Note (together with this Security i attument) can be sold nee or more times without prior notice to
Borrower.'A sale might result in a change in the entity (known as the 'Loan Servicer") that collects
Periodic Payments due under the Note and tbla Security, hlatsument and perform, other mortgaip loan
servicing obligations under the Note, thio Security instrument, and Applicable Law. There also might be
one or mote changes of the Loan Servicer unrelated to a sale of the Note,If there is a change of the Loam
Servicer, Borrower will be given written notice of the change which will state the name and address of the
am Latin Servicer, the address to which payments should be made and a((D��v other Information "SPA
INf!Nl�rj.L�®6tCA)loxsl PNt'+^r to Foaa 3005 1101
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191:11259 rage 12•
requires in counwtiou with a notice of transfer of servicing,, If the Note is sold and thereafter the Lean is
serviced by a Loan Servicer other than the purchaser of the Now, the mortgage loan servicing obligations
to 13onowar will remain with the Loan Servicer or be ttansferred to a successor Loan Servicer and aro not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower not Lender may commence,join, or be joined to any Judicial action(as eitber an
individual litigant or the member of a class) that arises from the other parry's actions Pursuant to this
Security Instrutmmt or that alleges that the odwr party has breached any provision of. or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other Party (with such
notice given in compliance with the requirements of Sestina 13) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective aerloa. If
Appllcable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable,for purposes of this paragraph. The notice of acceleration tout
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be dacmod to satiafy the notice and opportunity to take cotrecriw
action pthvlsfoas of this Section 20.
21..,H=rdous Substantaa, As used in this Section 21; (a) "Hazardous Substances" are those
substance*defined as toxic or bszsirdous substances, pollutants, or wasws by Hnvicortmenral Law and the
following subataec s: gasoline, kerosene,;other flammable or.toxic petroleum products, toxic pesticides
I and herbicidaa;volatile solvents, materials containing asbestos or farmaldehyde, and radioactive materials;
(b) "Environmemal Law" means federal laws and laws of the jurisdiction where the Property is lowed that
relaw co health, safety at enviroe us.=1 pmtectiom; (o) "Bnviroamantal Cleanup" includes any respotsa
action, remedial aetioa, or rmmoval action, as,def(ncd in Environmental Law; and(d) an "Euvironmantal
Condition" means a condition that can cause, contribute to, or otherwise trigger an RhVirommanwl '
Cleanup.
• Borrower shall not cause or permit the presence,,use,Mayoral, storage, or releaaa of any Hazardous
Substances,or threatea to release any Heard=Substance*,on or in the Property,Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b)which cr'ndtes so,Environmental Condition,or(c)which, due to the Presence,use, or release of a
Hazardous Suhs ease, crestos a condition that adversely affects the value of the Property. The preceding
M sentences shall net apply to the presence, sew, or storage on the Property of small quantities of
Hazardous Substances that ate gaaerilly recognized to be appropriate to normal residcatial uses sad to
maiatenautt of the Property(including,but not lbadted to,hazardous substances in consumer products),
Borrower shall promptly give Lander written notice of(a)sty investlgatlon,claim, demand, iswsuit
or other action by any governmental or regulatory ageiwy or private Party involving the Property and any
Hazardous Substance or Envlraoomotd Law of which Borrower has actual Imowledge, (b) any
Environmental Condition,including but not limited to,any spilling, leaking,discharge, release or threat of
release of any Hazardous Subirence, and (c) any conditioa caused by the presence, use or release of a
Hazardous Substance!which adversely affects the value or the Property. If Borrower learns, or is notified
by any Qovermaental'or regulatory authority, or day pgivato parry, that may removal or other remediation
of any Hazardous Substance affectiug the Property is necessary,Borrower sball promptly take sit necessary
remedial actions in accordance with Environmental Law. Notldag,hetein &ball create any obligation on
Gender forest Environmental Cleanup.
r
®m6fCAl ldssm Pts.+ears Farm 3005 1l01
03I06i2004 10:31 FAX 408 992 9592 FIDELITY CUST031ER -SRI:,. 10014
17131299 ease 13--'•—�' TT,�':,:' ''.._Y •I; l_ • . __
NON-UNIFORM COVBNANTS. Borrower and Lender further coveaat and agree as follows:
22. Acceleration;Rternetiies.Lender shall give notice to Borrower prior to acceleration following
Borrower's breach or any covenant or agreement in tills Security Instrument (but not prior to
acceleration under Section IS unfam Applicable Law provides otherwise). The notice shall specify:(a)
the defauit; (b) the action required to care the derault; (e) a date,not lass than 30 days from the date
the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specMed In the notice may result in acceleration Of the sums secured by
this Security Instrument and sale of the Property. The nitre shall further Inform Borrower of the
rlgbt to.rehtstate after acceleration and the right to bring a court action to assert the norvexiatence of
a default or any other ciefesese of Borrower to acceleration and sale.Iit the default Is not cured on or
before the data specified to the notice,Lender at Its option may rewire immediate payment in full of
all sums seemed by this Security Insirument whboat fnrthar demand and may invoke the power of
sale and any other remedies permiued by-Applicable Law. Lender shall be entitled to collect all
expenses incurred to pursuing the remedies provided in thin Section 22, Including,but not limited to,
reasonable attorneys'teas and costs of tide evitlerwA
If Under invokes the power of sale, Lander shall execute or cause Trustee to execute a written
notice of the occurrcnee of an event of default and of Lender's election to cause the Property to be
sold. Trustee shall muse this notice to be recorded in each county In which any part or the Property
is located. Lender or Trustee shall mall copies of the notice as prescribed by Applicable Law to
Burrower and to the other persons prey uibed by Applicable Law, Trustee shall give public nodm of
sale to the persons and in the manner prescribed by Applicable Law. After the time required by
Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to
the highest bidder at the time and place and under the terns designated in the notice of sate let oma or
mare parcels ane m any order Trusts dettrminp.Teuttce may postpone sale of gB or any parcel of
the Property 6y public annoutrmmeat at the time and pian of any previously scheduled sale.herder
or its daalprae may Purchase the Property at aaY sale.
Trustce ahalY deliver to the purchaser Trustee's deed rnnveyiog the Property without muy
covensne or warranty, tu<pressed ar implied. Thr recitals in the Txsute's deed shall he pelma fade
erfdenae of the truth of rho statements made therein, Trustee shall apply the proceeds of the sale In
the Following order, (a) to dl expenses of the sale, inducting,but not llndted te,reasonable Trusice's
and atturnays' fes; (b) to all sums secured by this Security Instrument; and (c) any ooes to the
person or persons legally entitled to it.
23.,Reatneyance. Upon payment of all sums'aecurod by this.Security Iostrument, Lender shall
request Trustee to recoavey the Property and shall surrender this Security Instrument And all notes
evidencing debt secured by this Security lnstnuisht to Trustee. Trustee shall reconvey the Property
without warranty to the person or persons legally entitled to it.Lender ray charge such person or persons
a reasonable fee for reeamveying the Property, but only if the fee is paid to a third patty (such as the
Trustee)-for services rendered and the charging of the let Is permitted under Appiicable law. if the fee
charged does not oxoeed Ilia fes set by Applicable Law,the fee It conclusively presumed to be reasonable.
24, Substitute Trustee. Leader,at its option, troy from time to time appoint a successor trustee to
say Trustee appointed hereunder by an Instrument executed god acknowledged by Lender and recorded in
the office of the Recorder of the county In which the Property is located.The iostrumeat shall contain the
tame of the original Leader, Trustee and Borrower, the book and page where this Security Instrument is
recorded and the name and address of the successor trustee. Without conveyance of the Property, the
suceemr trustee shall succeed to all the title,powers and duties conferred upon the Trustee hernia aced by
Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other.
Provisions for substitution.
25. Statement of Obligation Fee. Lender may collect a fee not to exceed the maximum amount
permitted by Applicable taw for&rniahing the statement of obligation as provided by Section 2943 of the
Civil Code Of Callrmrtua.
W14
61GAI t000m •. •��+a=�+e /// term 3005 1101
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BY SIGNING BELOW, Borrower accepts and agrees to die [arms and covenants Gomainod in this
Seeurlty Instrument and in any Aider executed by Borrower and recorded with it.
Witaeeses:
AZITith
%9Vilk .Borroaet
(Seel)
•9am+wcr
(Seal) (Sao
' .FlorsoWer -Beeeover
(SCSI)
40frowar -B0110"T
_ (Seal) (SW)
-Urm rcr •Bomower
1�•elCAl icocs) Fy.to a+s Form 3006 1707
•
i
03/06/2004 16:33 FAX 408 392 9892 FIDELITY C17$TPHER 9RPC. 10016
171.31299 gage 15'^ ' , . •.o. ;tl. . �f1 •:. . •
i
i
State of"Ifornis
County of �7 w �Ga cU J
On -J- l `7 X 003 , before me', �ILVtQ_ Yom^ W
persoaeldy appeared
AyITA T.4TVAA
• � «nil..L....u.e f
(or proved to ins an the basis of sa113fectory evidenoo)to be chgoteon(s)whose names)Ware subscribed
to the within instrument and aclmowtedood to ate that helshe/they executed the saws in hie/her/their
authorized capaciry(les), and that by histher/thew sigaaturo(3)on the inettument the person(&)or the otuity
upon behalf of which the person(s)acted,executed the instrument. .
WITNESS my luind and official seal.
04)
WWcNW�IElJMP11ThY-KOl1HiH7 �J
CCmmisuon s 1377401 '
¢ m«
• e Cmm Fxp2
niaNotary Public - ClfoG
.Y, Son Moteo Coun
ue5pty
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(DOCCA)mam vy$t5atis fmm3005 Vol
00/06/2004 18:33, F9,$. 408 992 9802 FIDELITY CUST03LER SRVC. 10017
'1'//31299 Yage 16 • l
Order No. 6009220
• EXHIBIT "ONE"
Lot 122, as shown on that certain Map entitled "Tract No. 1004" which Map was filed for
record in the Office of the Recordar of the County of Santa Clara, State of California, on
September 10, 1952 in Book 40 of Maps at pagals) 29 and 30.
Excepting therefrom the underground water, as granted in the Deed from Stern and Price,
INC., to San Jose Water Works, a California corporation. recorded September 19, 1952 in
Book 2490 of Official Recorda, page 619,
Assessor's Parcel No: 375.17.009
,
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17131289 page 17 . • `'•r �- ., •
•
PIXED/ADJUSTABLE RATE RIDER
(One•Yaar Treasury Index•Rate Caps)
THIS FIXED/ADJUSTABLE RATE RIDER is mado tbis9TH day of sT4NR r 2003
and is incorporated into and shall be doomed to amend and supplement the Mortgage, Dowd of Trust, or
Security Deed (the "Security Instrument') of the same date given by the undersigned ('Borrower') to
secure Borrower's Fixed/Adjustablr Rata Now(the "Nate")to
WELLS FARGO 90HE 2WRTDAGE, INC.
("Lendor")of the satae data and covering the property described in the Security Instrument sad located at:
10350 WMMER.LICR DRIVE, CtrF&RTINO, CA- 99014
IPmperty Address]
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE, THE NOTE LIMITS THE
AMOUNT BORROWER'S AOJUSTABLE INTEREST RATE 'CAN CHANGE AT
ANY ONE TIME AND.THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
•i Instrument,Sonawer and Leader further covenant anQ agree as follows;
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Nule provides for an initial fixed interest rate of 4.s o c The Note a Iso
provides for a change in the Initial fixed rate to an adjustable interest rare,as follows:
4. ADJUSTABLE INITMT RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest tate I will pay will change to an adjustable iattrest rate an the fust day of
JULY, 2009 ,and thn adjustablo inlcrest rano I will pay may champon that
day every 12th month thereafter. The dale an which my initial fixed interest rate changes to an adjustable
interest rate,and each data an which my adjustable interest rate could change, is called a "Change Data.
0027480466 '
MULTISIrPt FIXII31ADJUSTABLE RATE fUDER•ONE-YEAR TREASURY INDEX-Sinnla Family.
Fannie Moa Unlfatm Insuumeat IIII NNII I[[I IIIIII In'�„II �I II
�94o3�(000QI Form
e182
Page I
Iu�IuI Bf WII 11A�INl�6l�l
7291
VMP MORTGAGE FORMS•(8001521.
1 f
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'_7131299 Page 18. •.n.-'.. -r. _..i_'�. -or - .'. • .—'.
(B)The Index
Beginning with the first Change Date, may adjustable interest tate will be based on an Index. The
"Index' is the weakly average yield on United States Treasury securldes adjusted to a constant maturity of
one year,as made evailablo by,tho Fadenil Reserve Board.The most mcant Index figure available as of the
date 45 days before each Change Date is called do"Cutretit Index."
It the Index Is no longer available, the Note Holder will choose a new index that is based upon
comparable information.The Note Holder will give me notice of this choice.
(C) Calculation or Changes
Before each Cheap Date, the Note Holder will calculate my now interest rate by adding
TWO An URBS-QUARTERS ' . percentage pohits
( 2.750 %) to the Current Index. The Note Holder will that) round the result of this
addition to the nearest ou"igbth of out percentage point(0.125%). Subject to the limits sated in Saction
4(D)below,this rounded amount will be toy now interest race until the text Change Date.
,The Note Halder will ren determine the smuunt of the monthly payment that would be sufficient to
acip
repay the unpaid prital that I em expected to owe at the Change Date in full on the Maturity Date at my
now interest rate in substantially equal payments. The rosult of this calculation will be the now amount of
my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be groater than
9.500 %or less than 3.750 %.Thereafter, my adjustable Interest
rate will cover be,increased or decreaood on any single Change Date by more than two percentage points
• from the rate of interest I have been paying for the preceding 12 months. My itterost rate will never be
Smanar don 9,50 0
(I?)Effective Date of Changes
My new,Interest rata will bewme'effective'on each Lange Date. I will pay the amount of my new
monthly payment beglwning on the first monthly paymem date eflor rhe Change Data until the amount of
my monthly payment change again,
(F)Notice of Changes
The Note Holder will deliver or mag to me a notion of qtly changes in my initial fixed interest rate to
an adjustable interest raw and of any changes in my adjustable Interest tate before the effective dare of lay
change.The notice will include the amount of my monthly payment,any Information required by law to be
given to me anti also the title And telephone nucrber of a parson who will sower any question I may have
regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. Until Borrower's initial fixed interest rate changes to an adjustable Interest rete coder the terms
stated in Section A above;Uniform Covenant 18 of the Security Inslumeru shall read as follows:
Inirals:,,�,L_
�
848R 100081 Page 2 ti{, Form 3182 7101
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03/08/2094 18:35 FAX 408 392 9882 FIDELITY CUSTOMER ,•@EU. 2020
11131299 76.93 19 .'.�.,._-`—•, —,, .• .:,.. ;
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Transfer of the Property or it Beneficlal Interest in Borrower. As used in this Section
18, "Interest in the Property" mum any legal at bemficlal interest in the Property, includlog
but not limited to, those baoeficiaL Interests transferred In a bond for deed, contract for M.
installmcat all contract or escrow agreement, the intent of which is die transfer of title by
Bormwer at a forma date to epurohaser.
1f all or any part of the?raperty Of soy Interest in the Propperty is sold or transferred(or if
Borrower IS not a natural ppoerson and a beneficial interest In Mower is sold or tramfbrmd)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Insrmmsnt.However,this option shall not bt axetcuted by Lender
if such exercise is prohibited by Applicable Law.
If Louder exercises this option, Lender shall give Borrower notice of acceleralian. The
notice shall provide a period of not lees than 30 days f4om the date the notice is given in
accordance with Section 1S wain wbieb Borrower must pay all surto secured by this Security
Instrument. If Borrower fails to pay these sums prior to the oxeiratton of this period, Lender
may invoice any rea edles permitted by this Security Instrument without further notice or demand
on Borrower.
2. when Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms
stated in Section A above Uniform Covenant 18 of the Security Instrument described in Section B1 Alm"
shall then cease to be is etfect,and the provisions of Uniform Covenant 18 of the Security Instrument Shell
be amended to road as follows:
- Transfer of the Property or a Beneficial Interest In Borrower, As used in this Section
18, "Inremst in the property" means any legal or beneficial Interest in the Property, inetuding,
but not limped to, those beneficial interests trattsfened in a bond for deed, contract for dead,
Installment Was contract or escrow agrtiameot, the intent of which is the transfer of title by
Borrower at a haure date to a•purchaur.
• • ' If all or any part of the Property or any Intorest is the Property is sold or transferred(or if
Borrower U not a natural person and a beneficial iatarost'in Borrower is sold or transferred)
without Lender's prior written comem, Louder may require immediate payment in full of all
sums secured by this Security Instrument. However,this option shall not be exorcised by lender
if such exercise is prohibited by Applheable Law. Lender also shall not oxereise this Orion if
fa) Borrower causes to be submitted m Lender Information required by Lendcr to ovafuste the
mteddod transfetoo as if a new loin were being grade to the transferee; and (b) Lender
reasonably determines that Louder's security will nor be impaired by the loan assumption and
that tho risk of a breach of any oovemdt or agteame nt its this Security Instrument is acceptable to
Udder. I -
To the extent permitted by Applicable Law, Leader may charge a reasonable fee as a
condition to Lender's consent m the loan atsumpdoa. Lender also may require the transferee to
sago an assumption agrsoment that is acceptable to Lender and that obligates the transferee to
keep all the promises and agreements made In the Note and in this Security Instrument.
Borrower will continue to be obligated under the Note and this Security htstmmem unless
Lender ralmess Borrower in writing.
If Lender exercises thee-opiloa to require immediate payment La full, Lender shallgive
Borrower notice of acceleration.The notice shall provider a period of not less than 30 days gain
the date the notice to given In accordance with Section 13 within which Borrower must pay all
In[lisle!
�-8a3a(0000) Page 3 of 4 Form 31821/01
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03,108,12004 16:36 FAX 408 892 6892, __,.,• FMg IJTY CUSTOMER SRl'C. IM021
57
1113,.299 page 20 u'_^' •�....;r,• •
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i
sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the
expiration of this period,Lender may Invoke any remedies permitted by this Security lostrument
wighout further notice or domaod on Harrower.
BY SIGNING BELOW. Borrower accepts and agrees to the tertns and covenants contained in thia
FixedlAdljumsblle�R,ate Rider.
A / V t`,ems' (Seal) (Seal)
AZITA i&VAR •Botrowar •HarraWR
(Seal) --- (Seel)
• •Hwtawtlt •BORowm
(Seal) — (Ssal)
.Bomawer •Borrower
(SMI) (Seal)
•Hotraanr •Baarower
Q-043A 10006) Page 4 o1 4 Farm 3787 1101
I
�0 lg'n11 1 �.
City Hall
t 10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408)777-3228
U CITY
E I�TFI N O FAX: (408)777-3333
BUILD RTMENT
N
DEMOLITION R T
ED
MAR 1 i 2��4
Date TI q 4V 0CUPERTIN4
Addresses of all interested parties: If-J ��13ART�ENT
Reference : Loan number(if applicable) b�7 N 0 C( (o Co
Dear Sir or Madam:
Please be advised that the owners at 10
Cupertino, CA 95014,Assessor's Parcel number 3 7-F/ 7 o 0 ,9 0-0 are requesting
demolition of their house/building.
Please notify us within 15 days if you have any objections.
Our address is: City of Cupertino
Building Dept.
10300 Torre Avenue
Cupertino CA 95014
If you have any questions, please call me at (408)777-3228.
Sincerely,
Susan Winslow
Administrative Clerk, Building Department
Printed on Recycled Paper
CITY OF CUPERTINO
DEMO p 3 0 0 7 0
CUPER ANO PERMIT APPLICATION FORM
OAPN# r 17 O U Date:
3 3/ „ ray
Building Address:
/0 3sa wurcQ,w1�c,C� Di• C�-� �,,,,, �f} rJ ° l t/
Owner's Name: Phone
Contractor: License
Contact: Phone#:
71 v6LV 5Y--o 6 6
Applicant/Contractor.
uildi g Permit Inf
Bld ct Plum ,
o Description:
Residential: 1 o rcial:
Sq.Ft. Floor Area: $/Sq.Ft.:
Architect/Engineer: Valuation:
Type of Construction: Occupancy Group:
. i
cab e Fee ID Fee Description Fee Group
BPERMFEE Bldg Permit Fees BUILIDNG
BSEISMICOM Seismic Commercial 13UILIDNG
BSEISMICRE Seismic Residential BUILIDNG
BPLANCHK Plan Check Fee BUILIDNG
BUSLIC Business License BUILIDNG
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