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89102856
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Last modified
10/20/2011 1:59:27 AM
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10/20/2005 9:37:00 PM
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DEEDS
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89102856
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r <br />event of lass Borrower will give immediate notice by mad to the <br />Lender. who may make proof of loss if not made promptly by <br />Borrower, and each ittsutanm company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the insurance proceeds, or any part thereof, may 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 title to the mortgaged properly in extinguishment of the <br />indebtedrtess secured hereby. all tight, title and interest of the <br />Borrower in and to any insurance policies then in force shall pass is <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />note described, and all sums to become due under this instrument. <br />the Borrower hereby assigns to the Lender all profits, revenues. <br />royalties, rights and benefits accruing to the Borrower under any acrd; <br />all oat and gas leases on said premises, with the right to receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as after default in the conditions of this instrument, and the <br />Lender may demand, sue for and recover any such payments when. <br />due and payable. but shall not be required ys tug de. This assignment. <br />is to terminate and become null and void upon tai"-,e of this <br />instrument. <br />10 That the Borrower will keep the buildings up�,a,,,caid premises <br />in good repair, and neither commit nor permit wa.`te 4rNn said laod.. <br />nor suffer the said premises to be used for any unlaw;4l. purpose. <br />11. That if the premises, or any part thereof. be Wedemned under <br />the pawtr of eminent domain, or acquired for a public use, the <br />damages awarded, the proceeds for the taking of. or the <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 />min.; :aing unpaid, sic hereby assigned try 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 should this instrument and <br />the note secured hereby rrM be eligible for insurance under the <br />Mationat Housing Act wadhm eight months from the date hereof <br />(written statement of sny'offrcer of the Mpanment of Housing and <br />Urban Aevddpment or authorized agent of the Secretary of Hotr_stng: <br />and Urban JDi%-cloprneat 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. declare all sums <br />secured hereb? 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 InellglbtTttg.tor insurance under the <br />National Housing Act is due to the 1i er' Ws failure to remit the <br />ntortga=e insurance premium to the Department of Housing and <br />Urban Development. <br />13. That Ifthe Borrower falls to make any payments of money <br />when the saute become due. or fails to conform to and comply with <br />F <br />89---o.-.-1-02856 <br />inn. of the conditions or agreements contained in this instrument. or <br />the note which it secures. then the entire principal sum and accrued <br />interest shall at once become due and payable, at the electron of the <br />Lender <br />Lender shalt give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument Ibut not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The notice shall specify fa) the <br />default. tb) the action required to cure the default; (c) a date, not less <br />that?. 0 days from the date the notice Is given to Borrower, by which <br />the default mist 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 0-e sums secured by this instrument and sale of the Property. The <br />notice shall funkier inform Borrower of the right to reinstate after <br />ac4*cracion and the right to bring a court action to assen the non- <br />existenc-e of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cared an or before the date <br />specified in the notice. Lender at its eptloo may require immediate <br />payment in full of all sums secured. by this instrument without <br />funhec demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender sEttitl be entitled to <br />collect all expenses incurred in pursuing the IModies provided in <br />this paragraph 13, including, but not limited to, reasonable <br />attQrce.:s' fees and casts of title cviddnce. <br />If the -power of•sale is invoked, Trustee shall m-erd a notice of <br />default in each county in which air pan of the f?coperty is located <br />and shall mail copies of such nonce err the manner prescribed by <br />applicable !aw to Borrower and to the other persons prescribed by <br />aPPMANe law After the time req,uxred'by applicable law, Trustee <br />shall:go-e 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 the terms des,anated in the.notice of =I.- <br />Mune or more parcels and in any order Trustee determines. Trustee <br />may pastpene isle 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 receipt of payment of the price bid. Trustee shall deliver to <br />the purr&aser Trustce's deed ccmresteg the Property. The re6tahs in <br />the Trii'sree's deed shall be prima fic4 evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to 211 expeLses of the.sale, including, but <br />not limited to. Trustee's fees as pent ~`eda by applicable law and <br />reasonable attorneys' fees. l b) to aiP. siirras. 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 abandonment of the <br />Property. Lender (in person, by ages oar by judicially appointed <br />recetvecr, 5ball be entitled to enter upoc: take possession of and <br />manage the Property)tnd to collect cite rents of the Property <br />including those past due. Any rents collected by Lender or the <br />receiver shall be app[Lod first to payment of the costs of management <br />Of the Property and collection of rents. including, but not limited to. <br />receiver's fees, premiums on receivers bonds and reasonable <br />attorney's fees, and then to the suMSt secured by this Instrument. <br />Page 3 or 5 <br />HUD•=143DT• 1 <br />I <br />. tt <br />I <br />
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