DIY Legal Forms

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Trust Notice Of Default

To:

Name

Address

[Name] as trustee (or beneficiary) under that certain deed of transfer in trust executed by [Name], as Trustor, to [Name], as Trustee and [Name], as beneficiary, dated [Date], recorded in Book [Enumerate], Page [--] of official records in the office of the County Recorder of [County], State of [State], hereby give(s) notice that a breach of the obligation for which such transfer in trust is security has occurred, the nature of said breach being the failure to [state each item of default] such as the failure to pay principal, or installments thereof, interest, taxes, insurance,etc.], and that the Trustee (or beneficiary) elects to sell, or cause to be sold the trust property in order to satisfy said obligation.

[Insertion if default is curable]

NOTICE

YOU MAY HAVE THE RIGHT TO CURE THE DEFAULT DESCRIBED HEREIN AND REINSTATE THE MORTGAGE OR DEED OF TRUST. SECTION [--] OF THE CIVIL CODE PERMITS CERTAIN DEFAULTS TO BE CURED UPON PAYMENT OF THE AMOUNTS REQUIRED BY THAT SECTION WITHOUT REQUIRING PAYMENT OF THAT PORTION OF PRINCIPAL AND INTEREST WHICH WOULD NOT BE DUE HAD NO DEFAULT OCCURRED. WHERE REINSTATEMENT IS POSSIBLE, IF THE DEFAULT IS NOT CURED WITHIN [DATE] FOLLOWING THE RECORDING OF THIS NOTICE, THE RIGHT OF REINSTATEMENT WILL TERMINATE AND THE PROPERTY MAY BE SOLD.

TO DETERMINE IF REINSTATEMENT IS POSSIBLE AND THE AMOUNT, IF ANY, NECESSARY TO CURE THE DEFAULT, CONTACT THE BENEFICIARY OR MORTGAGEE OR THEIR SUCCESSORS IN INTEREST, WHOSE NAME AND ADDRESS IS [NAME] AT [ADDRESS].

ANY FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL NOT AFFECT THE VALIDITY OF A SALE IN FAVOR OF A BONA FIDE PURCHASER OR THE RIGHTS OF AN ENCUMBRANCER FOR VALUE AND WITHOUT NOTICE.

Dated:

Signature

[Trustee or Beneficiary]

This Section for Notary:

Acknowledgment

STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

[signature]

[Name of Notary Public]

My commission expires: [date]

(Seal)