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89101952
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Last modified
10/19/2011 10:40:00 PM
Creation date
10/20/2005 9:27:30 PM
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DEEDS
Inst Number
89101952
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1 <br />i <br />event of lass Borrower %1M give immediate notice by mail to the <br />Leader, who may rnalae proof of loss if not made promptly by <br />Borrower, and each insurance campaay concerned is hereby <br />audmKiz7ed and directed to make payment for such toss directly to <br />the Leader instead of to the Borrower and the Lender jointly, and <br />the: insurance proceeds. or any part themes may be applied by the <br />lAnder at its option either to the reduction of the inde�ess <br />hereby secured or to the restorations or repair of the property <br />damaged. In event of foreclosure of this instrument or other trans*r <br />of title to the morgppd property in extinguishment of the <br />indebtedness 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 secuiity for the payment of the <br />not- described, and all sums to become due under this instrument, <br />the Barrower hereby assigns to the Lender all profits, revenues, <br />royalties. rights and benernts accruing to the Borrower under any and <br />all oil and gas leases on said premises, with the right to receive and <br />receipt for the same and apply theca to said indebtedness as well <br />before as after default in the conditions 6f this instrument. and the <br />Lender may demand, sue for and recover anrsuch payments when <br />due and payable. but shall not be rega -Lrd so +av do. This assignment <br />is to terminate and become null and void upon release of this <br />instrument. <br />1?'-.1'bat the Borrower will keep the buildings upon said premises <br />in goon repair. and neither commit nor permit waste upon said fund, <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the premises, or any part thereof. be condemned under <br />the power of eminent domain, ar acquired for a public use. the <br />damages awarded, the proceeds for the taking of. or the <br />consideration for such acquisition, to the extensof 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 />the latter on account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that shoal this instrument and <br />the note secured hereby not be eligible for insurance under the <br />National Housing Act within e:ghi months from the date hereof <br />(written statement of any officer of the Department of Housing and <br />Urban Development or authorized agent of tt-- Secretary of Housing <br />and Urban Development dated subsequent to tLe eight months' time <br />from the date of this instrument. declining to imure said note and <br />this mortgage. being deemed eor.;lusive proof of such ineri'tWity), <br />the Lender or holder of the note may. at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />foregoing, this option may not be exercised by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />National Housing Art is due n the Lender's failure to remit the <br />mortgage insurance premium m the Department of Housing and <br />Urban Develop=at. <br />13. That if the Boatower fails to make any payments of mrney <br />when the same become due, or fails to conform to and comrJ.y� with <br />any of the conditions or agreements contained in this instrument, or <br />the note which it secures, them the entire principal sum and accrued <br />interest shalt at once become due and payable, at the election of the <br />Lender. <br />Gender shall give notice to Borrower prior to acceleration <br />following Borrower's 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: (b) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be cared; aad (d) that failure to cure the default on <br />or before the dare spec fmr �a; the notice may result in acceleration <br />of the sums and We of the Property. The <br />notice shall f tnh6- inii_rr.jB�rrower of the right to reinstate after <br />acceleration and llti:.•rsa_- .Ire :w bring a court action to assert the non- <br />existence of a defsik fx rrrv',Ztber defense of Borrower to <br />acceleration and sup. Ef the default is not cured on or before the date <br />specified in the nafim Lezdrr it its option may require immediate <br />payment in full of a. sums secured by this instrument without <br />further demand and may invoke the power of sale and 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, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of <br />default in each county in which -any part of the Property is located <br />and shall mail copies of suchmotice in the manner presmbed by <br />applicable law to Borrower and to the other persons pp--zn ed by <br />applicable law.. After the time required by applicable law. Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the <br />time and place and under tier terms designated in the notice of sale <br />in one or more parcels and 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 the Property at any sale. <br />Upon rec.ip9 of payment of the price bid, Trustee s'ni_''u deliver to <br />the purchaser True tee's deed conveying the Property. The recitals in <br />the Trustee's ---d shall be prima facie evidence of the truth of the <br />statements nude therein. Trustee shall apply the proceeds of the sale <br />an the following order: (a) to all expenses of the sale. including. but <br />•mot limited to, Trustee's ices as permitted by applicable !caw and <br />reasonable attorneys fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abancbzmcm of the <br />Property, l .,nder (in peysm. by agent or by judicially a cted <br />receivers shall be anwied to enter wren, take possession of and <br />manage the Property and to collect the rents of the Property <br />including those past dire. Any rents collected by Lender or the <br />river shall be applied first to payment of the costs (A management <br />of the Property and collection of rents, including, but nut limited m. <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />':•r <br />4 .. <br />Page 3 or g - - -- - — - - - -- -- — - ... - HUq-92143DT -1 <br />!4 <br />
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