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89100788
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Last modified
10/19/2011 5:46:01 PM
Creation date
10/20/2005 9:16:26 PM
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DEEDS
Inst Number
89100788
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event of loss Borrower will, give immediate notice by mail to the <br />Leader. who tan make proof of loss if not made promptly by <br />Borrower. and each insurance company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Lender instatd of to the Borrower and the Lender jointly, and <br />the insurance proceeds, or any part thereof: nay be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure of this instrument or other transfer <br />Of tide w the mongaged property in extinguishment of the <br />bulliebtedneu secured hereby, all right. title and interest of the <br />Borrower in and to any insurance policies then in force shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />note described. and all sutras to become due under thif instrument. <br />the Borrower hereby assigns to the Lender alf proffm revenues . <br />royaltim rights and benefits accreting to the Borrower under anv and <br />ala ad and _m 'cases on said premises, with the right to receive and <br />teotipt for the same and apply them to said indebtedness as well <br />taefore as after default in the conditions of this instrumens< and the <br />Lender may demand. sue for and recover any such pkt-ments when <br />due and payable. but shall not be required so to do. This assignment <br />is to terminate and become null and void upon release of this <br />instrument. <br />10. That the Borrower will keep the buildings upon slid premises <br />in good repair. and neither commit not permit waste upLn said land. <br />nor suffer the said premises to be used for any unlawfu% trarpose. <br />11. That if the premises, or any pan thereof. be condemned under <br />the power of eminent domain, or acquired for a public mc. the <br />damages awarda the proceeds for the taking of, or ttte <br />consideration for such acquisition, to the extent of the full amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid. are hereby assigned by the Borrower to the <br />Lender. and shall be paid forthwith to said Lender to be applied by <br />die latter on account of the next maturing installmerim of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note :enutud hereby not be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(wwritten statement of any officer of the Department oflfousing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Development dated subsequent to the eight months' time <br />from the date of this instrument. declining to insure said note and <br />this mortgage. being deemed conclusive proof of such ineligibility), <br />the Lender or holder of the note may, at its option. de:fare all sums <br />secured hereby immediately due and payable Notwithstanding the <br />foregoing, this option may not be exersiacd by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />National Horsing Act is due to the Lmder's failure to remit the <br />mortgage insurance premium to else 1141p3nment of Housing and <br />Urban Development. <br />13. That if the Borrower fails to make.any payments of money <br />when the same become due, or fails to conform to and comply with <br />1 <br />8= 100788 <br />MY of the conditica or agreements contained in this instrument. ar <br />the note which it secures, then the enure principal sum and accrued <br />interest shall at once become due and payable, at the election of the <br />Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrowers breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The notice shall specify- (a) the <br />default; tb) the action required to cure the default: (c) a date, not less <br />than 30 days from the date the notit;e is given to Borrower. by which <br />the default must be cured: and (d) that failure to cure the default on <br />or before the date specified in the notice may result in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the tight to bring a coup action to assert the non- <br />existence of a default or any other defense of Borrower to <br />acceleration and sate. If the default is not cured on or before the date <br />spedried in the notice. Lender at its option may require immediate <br />payment. in full of all sums secured by this instrument writhout <br />further demand and may invoke the power of sale dad any other <br />remedies permitted by. applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 13. indudiitg, but not limited to, rr..s= onable <br />attomcys fees and costs of title evidence. <br />If rte power of sale is invoked, Tnsnt:; shall record a notice aK <br />default in each county in which any. 17=of the Property is located <br />and shall mail copies of such notice in tsp mantitr prescribed by <br />applicable law to Borrower and to ttte gihser per-cons prescribed by <br />applicable law. After the time requimi -by applicable law, Trustee <br />shall gil•e public notice of sale to rile persons and in the manner <br />prescribed by applicable law. Trustee. without demand on Botmwer. <br />shall sell the Property ar public auction to the highest bidder at tha <br />time and place and undtw the terms designated in the notice of safe <br />in one or more panxlt im' d in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of,any previously scheduled <br />sale. Lender or its designee may purchase tha Property at any sale. <br />Upon receipt of payment of the price bidi Trustae shall deliver to <br />the purchaser Trustee's deed conveying the Prapert'i. the recitals in <br />:he Tmut e.i deed shall be prima fuelp evidence I, rthe truth of rltiz <br />sWcnt ur` made therein. Trustee shall appip ifte ta+x.a ds of Beast'-. <br />in tite following order. (a) to all expenses of ttte• rlt;, ncl +ltiira taut <br />not limited to. Trustee's fats as permitted by app:icable law and <br />reasonable attorneys' (r ;.('o} to all stems secured by this Security <br />Instrument: and (o) any'excess to that person or persons legally <br />entitled to it. <br />14_ Upon acceleration under paragraph 13 or atandonment of the <br />Property. Lender (in person, by agent or by judicially appointed <br />receiver; uhall be entitled to enter upon. take possession of and <br />manage the Property and to collect the rents of the Property <br />including tlluse past due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rears, including. but not limited to. <br />receivers fees. premiums on receiver's bonds and reasonable <br />attntnty's fees, and then to the sums secured by this instrument. <br />pipe 3 �t 3 +�de110.92111DT.1 <br />El <br />1 <br />kr "� <br />sty. <br />V <br />F. <br />
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