eleerrorrlcalry Recorded ln omelal Records, Colule olsan Eemildlno simian Winn LARRY WALKER . - Recorder 0111551151) 11 1 634 first Amerlcan Tltle - Rancho Doc ll: 2008-0435473 Tilles: 1 Pages: 5 Fees as on WHEN RECORDED MAIL TO Yaxcs on one. on we Cory e--nu 56 co ADDRESS Briggs Law Commando CW 99 Eask S'raelr Sul'e 111 Upland. CA 91786 nu. are" u: ,Eaerow no. SPACE ABOVE THIS LINE ron USE DEED OF TRUST STAYE OF CALIFORNIA Loan Numbe DEED or YRUST ("Sammy Ins'lru e6: Isglaiie an 250. day cl Seplember, 2005 a - Tnelroslorls. 6035..) an agaa pm a [nu an "3 6* 1"Eomwver") Tne'lrugevels alnlefoa panLy' EV V")th l"Truslee") The beneficiary ls Briggs Law Corporauon rs localed organrzed and exrallng under lne laws of me Stale ol Calrlornln ("Lender") Borrower owes Lender lne principal sum or 5 ?702 500 00" ms debl rs evrdenoed by Eurmwel's nole dared lne same dale as urrs Secumy ("Morel provrdes lor paymenlsr me lull debt, ll not pard earlrer, due and payable OHM ans Secumy secures lo Lender lrre repayment of lne debl evrdenced by me Noler rnleresl, and all renewals, exlensrone and lne paymenl clall clnersume, lmeresL advaneed under pavagraph ro proreel lne securily o1 lnle Secunly lnalrumenl, and an rne oerlormanee ol Borrowers covenaan and agreements under mus Secunly Inslrumenla nd me More For purpose Borrower grants and conveys lo 1rusreesrrlarelrr uumy' alrro may has the address or 49$? u' 4 an TO BE FILLED lN HERE AFTER PROPERTV IS TOGETHER all me now or nerearler ereaed on me properly and all easemenls' appunenanees' renls royallres mrneral on and gas and prams, waler and slack and all nxlures now or neveafler a pan or me properly All replacemenls and snall also he mvered by securrly All ore rs relerred lo In Sewmy'" as me 'Propeny" BORROWER COVENANTS lnal Borrower ls lawfully eerzed bllne eslale hereby conveyed and has <1 any year ln wnlen sucn would have been recurred rl Lender neld lne Seeunly eacn naymenl snall also rnelude erlner lo a sum lor lne annual mongage lnsuranee prerrnum \o be pald by Lender \0 me Secretary, or (ii) a charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the charge by the Secretary, these items are called 'Escrow Items" and the sums paid to Lender are called 'Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 USS. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA Lender shall deal with the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not suf?cient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make the shortage or de?ciency as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security instrument If Borrower renders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items and and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender. Borrower's account shall be credited with any balance remaining for all installments for items and 3. Application of Payments All payments under Paragraphs I and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the charge by the Secretary instead of the mongage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and ?re, ?ood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; FIFTH, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including ?re, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by ?oods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall he held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss. Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either to the reduction of the indebtedness under the Note and this Security Instrument, ?rst to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of tide to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower?s control. Borrower shall notify Lenders of any extenuating circumstances Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee tide shall not be merged unless Lender agrees to the merger in writing. 6. Charges to Borrower and Protection of lender's Rights In the Property. Borrower shall pay all governmental or municipal charges, ?nes and impositions that are not included in Paragraph 2 Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may signi?cantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. an IV Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, ?rst to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. Default. Lender may. except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: Borrower defaults by failing to pay in full any payment required by this Security Instrument prior to or on the due date of the next payment, or (ii) Borrower defaults by falling, for a period of thirty days, to perform any other obligations contained in this Security Instrument. Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all the sums secured by this Security Instrument if: All or part of the Property, or a bene?cial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent) by the Borrower, and (ii )The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. Mortgage Not Insured, Borrower agrees that should this Security Instrument and the note secured thereby not be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option and notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary 10. Reinstatement Borrower has a right to be reinstated if Lender has required immediate payment in ?ll because of Borrower's failure to pay an amount due under the Note 'or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude the foreclosure on different grounds in the future, or reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by lender Not a Waiver. Extension of the time of payment or modi?cation of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or othenrvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and bene?t the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9.b. Borrower's covenants and agreements shall be, joint and several. Any Borrower who signs this Security Instrument but does not execute the Note: is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's, interest in the Property under the terms of this Security Instrument; is not personally obligated to pay the sums secured by this Security Instrument; and agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 3 13. Notices Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by ?rst class mail unless applicable law requires use of another method. The notice shall be directed to the property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by ?rst class mail to Lender?s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the :Note con?icts with applicable law, such con?ict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the con?icting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment of Rents Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs'; each tenant of the Property to pay the rents to Lender or Lenders agents. However, prior to Lender's notice to Borrower of Borrowers breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the bene?t of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: all rents received by Borrower shall be held by Borrower as trustee for bene?t of Lender only, to be applied to the sums secured by the Security Instrument; Lender shall be entitled to collect and receive all of the rents of the Property; and each tenant of the Property shall pay all rents due and unpaid to Lender or Lender?s agent on Lender's written demand to the tenant Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 16. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in ?ll. COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If lender invokes the power of sale, lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of lender's election to cause die Property to be sold, Trustee shall cause this notice to be recorded in each county in which any part of the Property is located, lender or Trustee shall mail copies of the notice as prescribed by' applicable law to Borrower and to the other persons prescribed by' applicable law. Trustee shall give public notice 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 terms designated in the notice of sale in one or more parcels and in any order Trustee determines Trustee may postpone sale of all or any parcel of the Property by' public announcement at the time and place of any previously scheduled sale. lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima Iade evidence of the truth of the statements made therein. Trustee shall apply the proceeds, of the sale in the foil owing order: to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; to all sums secured by' this Security Instrument; and any excess to the person or persons legally entitled to it. 18. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 19. Substitute Trustee. Lender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the folic of the Recorder of the county in which the Property is located. The instrument shall contain the name of the original Lender, 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 successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 20. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 21. Statement of Obligation Fee. Lender may collect a fee not to exceed the maximum amount permitted by law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security instrument. the convenants of each such rider shall be incorporated into and shall amend and supplement the and agreements of this Security Instrument as if the rider(s) were in a part of this Security Instrument. [Check applicable boxes)]. Condominium Rider Graduated PaymentR ider Growing Equity Rider Planned Unit Development Rider Other [Specify] Rider on Insurance and Impounds (page 6) BY SIGNING BELOW. Borrower accepts and agrees to the terms contained in pages 1 through 6 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness: Gonzalo Arteaga, Borrow 3 rte_aga. Borrower (8 I Gabrlela ea (Seal) Borrower Borrower (593') (Seal) Borrower Borrower (Seal) (Seal) Borrower Borrower STATE OF CALIFORNIA COUNTY or: San Bernardino on before me, a Notary Public in and for said Cou y'and State, personally appeared Gonzalo Arteaga and abriella Arteaga personally known to me proved to me on the basis of satisfactory evidence) to the person(s) whose name(s) is/are subscribed to th ithin instrument and acknowledged to me that he/shelth executed the same in his/herltheir FOR NOTARY SEAL OR STAMP REQUEST TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust. have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey. without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: DEED OF TRUST RIDER ON INSURANCE AND IMPOUNDS Page 6 The provisions of Paragraph 2 of the Security Instrument payments of Taxes, Insurance and Other Charges?) notwithstanding, the Borrower?s payment shall not include taxes and special assessments levied or to be levied against the Property or (ii) premiums for insurance required under Paragraph 4 of the Security Instrument. The following provisions are added to Paragraph 4 of the Security Instrument (?Fire, Flood and Other Hazard Insurance?), shall be construed in a manner consistent with the existing provisions to the extent possible, but shall control to the extent of any conflict: ?Borrower shall secure the insurance required under this Security Agreement from an insurance company licensed to sell insurance in the State of California. Borrower shall make sure that any and all insurers providing the insurance required under this Security Agreement provide Lender with a copy of any and all notices given to Borrower at the same time that such notices are given to Borrower. If at any time Lender believes in good faith that Borrower is not maintaining insurance suf?cient to protect the Property, Lender may obtain such insurance and shall be reimbursed for the costs of doing so not more than ten (10) days after making a written request for reimbursement to Borrower.? Secured Promissory Note Page 1 of 3 Borrowers? Initials?' Acknowledgment STATE OF CALIFORNIA }ss. COUNTY OF RIVERSIDE On SeptemberZS?h. 2008. before me; Pamela]. Borossn Notag Public . Personally appeared Gonzalo Arteaoa and Gabriela Arteaqa who roved to me on the basis of satisfactory evidence to be the persor?whose nam subscribed to the within instrument and acknowledged to me that bashe/ executed the same in authorized capaci,and that by brig/her/? signature@on the instrument the perso?or the entity upon behalf of which the perso acted executed the instrument. I certify under PENALTY OF under the laws of the State of California that the foregoing paragraph is true and correct. 4 PAMRA J. across ., Commission at 162011! ?e Notary Public - California County I Signature Commission Expires: November 12 2009 Notary Name: Pamela I. Boross Notary Phone: 951 897-6013; Notary Registration Number. 1620718 County of Principal Place of Business: Riverside Order Number: (RW) Page Number: 6 LEGAL DESCRIPTION Real property in the City of Victorville, County of San Bernardino, State of California, described as follows: PARCEL 1: LOT 62 OF TRACT NO. 17089, AS SHOWN ON A MAP RECORDED IN BOOK 328, PAGES 21 TO 28 INCLUSIVE, OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL RIGHTS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND TO PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE LOT, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE LOT, WELLS, TUNNELS AND SHAFFS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LOT, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE LOT, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OR THE UPPER FIVE HUNDRED FEET (500') OF THE SUBSURFACE OF THE LOT, AS RESERVE BY STANDARD PACIFIC CORP., A DELAWARE CORPORATION, IN DEED RECORDED xj/Z? AS INSTRUMENT NO. OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL WATER AND WATER RIGHTS, IF ANY, WITHIN AND UNDERLYING THE LOT, AS RESERVED BY STANDARD PACIFIC CORP., A DELAWAR CORPORATION, IN DEED RECORDED AS INSTRUMENT NO. 2 OF OFFICIAL RECORDS. PARCEL 2: NON-EXCLUSIVE EASEMENT FOR ENCROACHMENT AND SUPPORT PURPOSES, AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENT FOR AMBER VALLEY RECORDED NOVEMBER 26, 2007 AS INSTRUMENT NO. 2007-0663588 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. a; ?cw-m More;le ?rst American Title