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89103531
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Last modified
10/20/2011 4:43:19 AM
Creation date
10/20/2005 9:44:08 PM
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DEEDS
Inst Number
89103531
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r <br />89--- 103531 <br />event of loan Borrower will give immediate notice by mail to the <br />Leader. who may make proof of lass if not made promptly by <br />Borrower. and each insurance company concerned is hereby <br />authorised and directed to make payment for such Ions directly to <br />the Leader instead of to the Borrower and the Lender jointly. and <br />the insurance proceeds, or any path thereof, may be applied by the <br />Leader at its option either to.t4te reduction of the indebtedness <br />hereby aecumd OT to ft mstOmIlion or repair of the property <br />dthan AA. in event Of forecl mom of this instrument or other transfer <br />of lids To. the nforil"a property in extinguishment of the <br />isdObtedneat secured hereby. al) right, tide and interest of the <br />Donawa:r in sad to any insurance policies then in fora shall lttts; to <br />the purchaser or 8raniee. <br />9. That 0 additional and collateral security for the payment of the <br />Dote described. and all sums to become due under this instrument, <br />the Borrower hereby so*as to the Lender all profits, revenues, <br />royalties, rights and benefits aroaruing to the Borrower under any and <br />all oil and gas leales sM said premise, with the right to receive and <br />receipt for the saute and apply taco" to said indebtedness as well <br />before as after default in the conditions of this instrument. and the <br />)ender may demand. sue for and recover any such payments 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. 'illrnt the Bwower will keep the buddiW upon said premises <br />is good repair, and neither commit nor permit waste upon said land. <br />a" Niger the said P"ises to be used for any unbwful purpose. <br />I l.. That if the premises. or any part thereof. be condemned under <br />the! nou" fnFIN� i0"# do.— n, —A fo <br />». » w yw.w uF ii pnhot3V VW. the <br />dali 0W—Ar . the proceeds for the eking of, or the <br />consideration for such uaquisitioD. to the extent of the full amount of <br />iadebtedaess spas this imtruerent aryd the nw_e .t• it a glees to <br />secure remaining unpaid. are hereby assigned by the Borrows to the <br />Leader, and shall be paid forthwith to said Lender to be applied by <br />the latter oa account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the mote secured hereby not be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing and <br />VdW0 Development or authorized agent of the Secretary of Housing <br />and Urban Development dated subsequent to the eight months' time <br />from die date of this instrument, declining to insure said note and <br />this ngr,gthge. being deemed eoadwive proof of such ineligibility). <br />the Leader « holder of the note may. at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />fexegoiag, this option may not be exercised by the Lender or the <br />herder of the note when the ineligibility for insurance under the <br />National Housing Act is due to the Leader's failure to remit the <br />n prem um to the Department of Now" and <br />Urbse <br />13. That if the 8ftsrr�. a fails to matte any marenRc of Money, <br />when the some become due, or fails to ttonform to and comply with <br />any of the conditions Of Mmments contained in this instrument, or <br />the note which it t+ecures, then the entire principal sum and accrued <br />interest shall at once become due and payable, at the election of the <br />Lender. <br />Lender shalt give notice to Borrower prior to acceleration <br />following BOMa%vr's breach of any covenant or agreement in this <br />instrument (bus 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 Mauls (c) a date, not leas <br />than 30 days from the date the notice is given to Borrawer, by which <br />the default mum be cured. and (d) that failure'to cure thr. 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 tight to reinstate after ` <br />acceleration and the right to bring a court action to assert the non- <br />exis4ence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date <br />spec f`red in the notice, Lender at its option may require immediate <br />payment in full of all 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 />COW all expetaes incurred in pursuing the remedies provided in <br />this paragraph 13, including, but not limited to, reasonable <br />attorneys' foes and costs of title evidence. <br />If the power gaff sale is invoked. Trustee shall record a mice of <br />default in each County in which any part of the property is located <br />and shall mail copies of such notice in the manner prescribed by <br />applicable law to borrower and to the other persons prescribed by <br />applicable law: After the time required b)randieata . law r.,,ntce <br />MU give public notice of sak to the persons imd 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' i.r placc and under the terms designated in the notice of sale <br />M 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 receipt of payment of the price bid. Trustee shall deliver to <br />the purchaser Trusters deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima We evidence of the truth of the <br />statements made therein. Truntea shall apply the proceeds of the sale <br />IS the following order: (a) to all expenses of the safe, including. but <br />hot limited to. Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fees; (b) to all sums secured by this Secusity <br />lastrument 903 (c) any excess to the person or persons lepliy, <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property. Lender (in person, by agent or by judicially appointed <br />receiver) shall be eadtka to enter upon, take pomession of and <br />manage the Property and to collect the rents of the Properly <br />including those past due. Any rents colltcted by Lender oer eke <br />re rivet shall be applied first to payment of the costs of r a4ement <br />Of d1C Property and collection of rents, including, but not limited to. <br />t'ecsiver's fees, premiums on receiver's bonds and.reasonable <br />attorney's fns, and then to the sums secured by thii instrument. <br />Pays 3 of 5 <br />L <br />L.� <br />MUD- NIUDT•t <br />l <br />J <br />7 <br />4 <br />�J <br />
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