DECLARATION OF DEFAULT AND DEMAND FOR SALE
The undersigned, as Beneficiary or Beneficiary's representative, hereby makes the following representations, each of which is material to and will be relied upon by C&H Trust Deed Service (hereafter "C&H"), in performing the services described herein:
- That a default has occurred on the subject loan and that the reason for the default, the specific amounts and terms causing said default, and all other information about the loan have been accurately related to C&H on this form and that, as a result of such default, the undersigned, who holds a majority beneficial interest in the subject Deed of Trust, makes this Declaration of Default and elects to cause the trust property to be sold to satisfy the obligations secured by such Deed of Trust.
- That Beneficiary has no knowledge of any bankruptcy proceeding affecting the trustor or successor owner of the subject property, and Beneficiary will immediately inform C&H in writing of any knowledge or notice of any such proceeding subsequently received.
- That, to the best of Beneficiary's knowledge and belief, the present owner of the subject property is not entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended.
- That Beneficiary will immediately inform C&H in writing of any further advances made.
- That Beneficiary has complied with all notification provisions as may be applicable to this loan.
- That Beneficiary has provided to C&H all known mailing addresses for the current property owners on the front of this form.
- That Beneficiary has possession of original documents and, if not tendered herewith, will produce them upon demand.
Beneficiary further directs C&H to act as its agent in all respects in order to complete a non-judicial foreclosure sale and, without limiting other acts, specifically authorizes C&H as follows:
- To sign and record Notice of Default.
- To order a Trustee's Sale Guarantee and to include the charges therefor as part of the Trustee's fees and expenses.
- To post and publish a Notice of Trustee's Sale and to include the charges therefor as part of the Trustee's fees and expenses.
- To conduct and/or continue a Trustee's sale and to include the charges therefor as part of the Trustee's fees and expenses.
- To contact borrower as necessary and to perform all other acts as necessary to perform a non-judicial foreclosure in accordance with California Civil Code, and to include the costs and charges therefor as part of the Trustee's fees and expenses.
In initiating foreclosure against that certain Deed of Trust referenced above, the undersigned beneficiary agrees to the following:
- Not to accept any payments from the Trustor either partial or in full and if any such payment is tendered by mail I will send same to C&H for immediate return to the Trustor. It is understood that acceptance of any payments after commencement of foreclosure activity can void the pending foreclosure and that if any such payments are accepted, all fees then due C&H will become immediately due and payable.
- Notify all collection agencies and loan servicers working on my behalf to refuse further payments on this account.
- I understand that I am at all times responsible for all charges and fees incurred in this foreclosure proceeding.
- Should the trustor either file bankruptcy or initiate a lawsuit contesting the validity of the foreclosure, the beneficiary agrees to pay all foreclosure fees and costs then due C&H within 15 days of demand for same. I understand that a failure by me to satisfy any outstanding bill will result in the suspension of the foreclosure proceeding and C&H shall have no obligation to proceed with the foreclosure proceeding until such billing is satisfied, or other arrangements are made.
- Should the trustor initiate a lawsuit which includes C&H in its capacity as Trustee under the above Deed of Trust, I further agree to indemnify and defend C&H at my expense.
- I agree to hold C&H harmless from any damages which may be suffered by my acceptance of a Deed in Lieu of Foreclosure. I understand that if I choose to accept a Deed in Lieu of Foreclosure, I will remain liable for the fees and costs then due C&H.
- Should a current title report show a senior lien in default, I agree to deposit funds as needed to bring such senior lien current. Any such advances must be deposited at C&H for immediate forwarding to the senior lienor.
- I declare that each of the statements on the attached Declaration of Default are true and correct.
- In the event I sell any or all of my beneficial interest in this Note and/or security instrument, I understand and agree that the liability for payment of all fees and costs shall remain with me and does not carry forward to any new owner of the Note. I agree to pay such fees and costs when such transfer of beneficial interest is made.
- If a lien senior to my lien position goes to foreclosure sale and my equitable interest is lost, I agree to pay all fees and charges against this foreclosure at that time.
- Should C&H deem it necessary to hire a collection agency or attorneys to collect outstanding fees and charges against this foreclosure, I agree to pay any and all charges for such services. In the event a lawsuit is brought to enforce any or all of a part of this agreement, I agree that the prevailing party in such litigation shall be entitled to their reasonable attorney’s fees and costs.
- In the event it is determined by C&H or a Court of competent jurisdiction that C&H improperly performed or failed to perform any services required of them hereunder or applicable law, the liability of C&H to any party whatsoever shall be and hereby is limited to re-performing or performance of such services. In each foreclosure conducted by C&H, any obligation to re-perform or perform services shall terminate upon the date of recording a Trustee’s Deed Upon Sale in connection with such foreclosure.
By signing this Trustee-Beneficiary Agreement, I understand that C&H, from initiation until the end of any relationship hereunder, is not giving me legal advice. If I should not understand anything about the legal effects of this non-judicial foreclosure, I should consult the advice of an attorney.
I certify that I have read and understood this Agreement, that I am the Beneficiary or representative and agent of the Beneficiary(ies) under the subject Deed of Trust and, as such, have legal authority to commit each Beneficiary to the initiation and prosecution of foreclosure and the payment of all charges, costs and expenses to perform said foreclosure, and that I/ we do agree to the payment of same on demand.