County Records
Research.com |
Trustee Department |
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| 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 County Records Research
in performing the services described herein:
A Breach and Default has occurred on the subject loan, and the
reason for the Default, the specific amounts and terms causing said default, and
all other information about the loan have been accurately relayed to County
Records Research on this Declaration of Default. By reason of said default the undersigned
instructs County Records Research to cause the trust property to be placed into
default and subsequently sold to satisfy the obligations secured by this Deed of
Trust, including unpaid principle balance, all outstanding interest owed, and
any and all sums advanced or expended as per the terms of this Deed of Trust,
together with interest as provided.
I / We hand you or commit to
hand to you in a timely manner herewith the said Deed of Trust and
a certified copy of the original Note (which I certify that I am in possession of)
together
with any assignments, substitutions and also receipts for all sums advanced or extended and will further deliver to you
all receipts for any additional sums advanced or expended. I / We agree to refuse, and instruct any
collection agency to refuse any partial payment from Borrowers without
consulting with County Records Research, understanding that acceptance of
partial payment may cause Trustee to cancel foreclosure proceedings at
Beneficiary's expense.
The undersigned promises to
notify County Records Research immediately when any advances and/or expenses are
incurred in order to have accurate reinstatement or payoff figures available to
Borrowers at all times.
The undersigned promises at all times to keep current
all payments owed to senior lien holders to prevent them from foreclosing, thus
eliminating this Deed of Trust.
The undersigned promises to contact County Records Research for
an accounting of final foreclosure costs before accepting any reinstatement or
payoff.
The undersigned affirms that the
subject loan was made in full compliance with state
and local statutes and regulations and is in full compliance with all current pre-foreclosure requirements.
The undersigned hereby promises and agrees to pay the Trustee's fee in the amount permitted by law, together with all costs and
expenses incidental to these proceedings, within 15 days of billing. It is agreed and understood that you may not
proceed with the sale and/or deliver your Trustee's Deed until all fees and
costs have been paid, and hereby indemnify and hold harmless County Records
Research for said delay allowed under the terms of this contract. I /We also agree to pay on demand, as well as
indemnify and hold harmless from and against all costs, damages, attorney's
fees, expenses, obligations and liabilities of any kind which you may incur or
sustain by reason of this default and foreclosure proceeding and/or the sale of
the trust property by reason of any act of omission or commission on the part of
others and the undersigned, for whom you are acting as agent. I, the undersigned, agree to provide legal representation for County Records Research, if necessary, to protect any interests of County Records Research Inc. |
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"I hereby certify that I have read and
understood this Agreement. I also certify that I am the
Beneficiary or the representative and agent of all the Beneficiaries under the
subject Note and Deed of Trust and, as such, have legal authority to commit each
Beneficiary to the payment, jointly and severally, of the charges, costs and
expenses to perform the foreclosure."
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*Complete, print,
sign and fax, along with a copy of |
the Note & Deed
of Trust, to (714) 846-8720 |
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