DECLARATION OF DEFAULT AND DEMAND FOR SALE

Today's Date:

Information for Loan in Default:

Your Loan Number:

Note Holder's Social Security or Federal ID Number:

Property Owner's Name:

Subject Property Address:

City: State: Zip:

IMPORTANT: Provide all known mailing addresses for current owner (other than subject property address given above):

Owner's Mailing Address:

City: State: Zip:

Names of Current Beneficiaries (if different than on Deed of Trust) - please attach copies of all assignments:

Loan Specifications:

Current Principal Balance: $

Monthly payment: $

Due Date of First Missed Payment:

Number of Payments Now Due:

Late charge of $ for days late

Total Number of late charges now due:

Original Principal Amount: $ Interest rate: %

Original Term of Note: From: To: Modified to:

Does payment include impounds? Yes No

If yes, please check applicable impound: Taxes Insurance

Advances:
$ Date to

$ Date to

Other amounts due:

Reason for default (check one or more):
Failure to pay monthly installments when due
Failure to pay principal when loan is due in full, plus accrued interest.
If loan is due in full, has 90 day balloon payment notice been sent? Yes No (If yes, please provide a copy)
Failure to pay taxes, bonds, assessments, etc. when due.
Failure to maintain adequate fire insurance.
Failure to comply with other terms as follows:

Senior Encumbrance Information:

1st Holder: Loan Number:

Telephone: Contact Name:

Is the 1st loan delinquent at this time? Yes No

2nd Holder (if your loan is a third): Loan Number:

Telephone: Contact Name:

Is the 2nd loan delinquent at this time? Yes No

Bankruptcy Information:

Has a bankruptcy been filed? Yes No

Where: Case #:

Date filed: Chapter #:

Has relief been obtained? Yes No (If yes, attach copy and relief)

Your attorney's name: Phone:

Type of property:

1-4 single family owner-occupied
Vacant land
Non owner-occupied
Commercial
If commercial or non-owner-occupied, would you like our staff attorney to contact you about collecting rents? Yes No

Please enter any other pertinent information or queries in the box below:

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 Reliable Foreclosure, Inc., in performing the services described herein:

1. 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 relayed to Reliable Foreclosure, Inc. on this form and that, as a result of such default, the undersigned, who holds a 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.
2. That Beneficiary has no knowledge of any bankruptcy proceeding affecting the trustor or successor owner of the subject property, and Beneficiary will immediately inform Reliable Foreclosure, Inc. in writing of any knowledge or notice of any such proceeding subsequently received.
3. 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.
4. That Beneficiary will immediately inform Reliable Foreclosure, Inc. in writing of any further advances made.
5. That Beneficiary has complied with all notification provisions as may be applicable to this loan.
6. That Beneficiary has provided to Reliable Foreclosure, Inc. all known mailing addresses for the current property owners on this form.
7. That Beneficiary has possession of original documents and, if not tendered herewith, will produce them upon demand.

Beneficiary further directs Reliable Foreclosure, Inc. to act as its agent in all respects in order to complete a non- judicial foreclosure sale and, without limiting other acts, specifically authorizes Reliable Foreclosure, Inc. as follows:

1. To sign and record Notice of Default.
2. To order a Trustee's Sale Guarantee and to include the charges therefor as part of the Trustee's fees and expenses.
3. 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.
4. To conduct and/or continue a Trustee's sale and to include the charges therefor as part of the Trustee's fees and expenses.
5. 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.

TRUSTEE-BENEFICIARY AGREEMENT

In initiating foreclosure against that certain Deed of Trust referenced above, the undersigned beneficiary agrees to the following:

(a) Not 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 Reliable Foreclosure, Inc. 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 Reliable Foreclosure, Inc. will become immediately due and payable.

(b) Notify all collection agencies and loan servicers working on my behalf to refuse further payments on this account.

(c) I understand that, Reliable Foreclosure, Inc. requires an advance deposit of fees in the amount of $700.00 or .30% of the unpaid principal amount of the Note, whichever is greater, and include said amount herewith. I further understand that I am at all times responsible for all charges and fees incurred, over and above said initial deposit, in this foreclosure proceeding.

(d) Should the trustor either file bankruptcy or initiate a lawsuit contesting the validity of the foreclosure, the beneficiary agrees to tender all foreclosure fees and costs then due Reliable Foreclosure, Inc. 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 Reliable Foreclosure, Inc. shall have no obligation to in any way proceed with the foreclosure proceeding until such billing is satisfied, or other arrangements are made.

(e) Should the trustor initiate a lawsuit which includes Reliable Foreclosure, Inc. in its capacity as Trustee under the above Deed of Trust, I further agree to defend Reliable Foreclosure, Inc. at my expense.

(f) I agree to hold Reliable Foreclosure, Inc. 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 Reliable Foreclosure, Inc..

(g) Should a current title report show a senior lien(s) in default, I agree to deposit funds as needed to bring such senior lien(s) current. Any such advances must be deposited at Reliable Foreclosure, Inc. for immediate forwarding to the senior lien holder(s).

(h) I declare that each of the statements on the attached Declaration of Default are true and correct.

(i) Should the property revert back to me at foreclosure sale, I agree to pay all fees and costs incurred with Reliable Foreclosure, Inc. immediately upon the conclusion of the foreclosure sale. Fees estimated at 1% of the unpiad principal amount of the Note plus costs. 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 incurred with Reliable Foreclosure, Inc. 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.

(j) 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 due Reliable Foreclosure, Inc. against this foreclosure at that time.

(k) Should Reliable Foreclosure, Inc. 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.

(l) In the event it is determined by Reliable Foreclosure, Inc. or a Court of competent jurisdiction that Reliable Foreclosure, Inc. improperly performed or failed to perform any services required of them hereunder or applicable law, the liability of Reliable Foreclosure, Inc. to any party whatsoever shall be and hereby is limited to re-performing or performance of such services. In each foreclosure conducted by Reliable Foreclosure, Inc., 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.

(m) By signing this Trustee-Beneficiary Agreement, I fully understand that Reliable Foreclosure, Inc., 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.

Agreed:

__________________________________
Beneficiary

Date:

__________________________________
Signature of Beneficiary's Agent

Company Name: SSN or Fed.ID#:

Contact person at company or, if acting as an individual, your name:

Address:

City: State: Zip:

Phone:

• Complete this form online
• Print this form on your printer
• Have all parties sign and initial where requested

• Mail or Fax to:
  Reliable Foreclosure, Inc.
  1398 W. Indianapolis, Suite 104
  Fresno, California 93705
  Office:  (559) 224-3700
  Fax:  (559) 224-3737

• With this form, please include:

• Note 
• Deed of Trust 
• Copies of all Assignments of Deed of Trust (make certain recording information on copies is readable)
• Payment History

• Deposit in the amount of $700.00 or .30% of the unpaid principal amount of the Note, whichever is greater, made payable to:  Reliable Foreclosure, Inc.