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89103703
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Last modified
10/20/2011 5:25:29 AM
Creation date
10/20/2005 9:45:53 PM
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DEEDS
Inst Number
89103703
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r _ .- <br />89- '6103703 <br />twat of tors Borrower will give immediate notice by marl to the <br />Lender, who may make proof of kVA if not made prtamptly by <br />Borrower. and each insurance company eoaKwned is hereby <br />authorized and directed to make payment for such bas directly to <br />the [Rader imAcad of to the Borrower sad the Leader jointly, and <br />the insurance pfoeoocls, or say part thermE may be applied by the <br />Leader at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />dawaged Is event of foredcaum of this instrument or other transfer <br />Of title to the mortgaged 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 security for the payment of the <br />ante described, and all sums to become due under this instrument, <br />the Borrower hereby aatigns to the Lender all profits, revenues, <br />royalties, rob and benefits accruing to the Borrower under any and <br />all oil and gas kases on said premism with the right to receive and <br />receipt for the taste sad apply them to said indebtedness as well <br />before as after default in the conditions of this instrument, and the <br />Leader may demand, sue for and recover any such payments when <br />due and payable, bee shall not be required so to do. This assignment <br />is to terminate and become null and void upon rekase of this <br />itntrume"'. <br />CO. That: this Borrower will keep the buildings upon said premises <br />im -rand repair. and neither commit nor permit waste upon said land. <br />AM suffer the said premises to be used for any unlawful purpose. <br />11. That if the premism or any part thereof he mn.,n ,....i.. <br />the power of etmi -wet 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 exteet of the full amount of <br />indebtedness upon this instrument and the now which it is given to <br />secure remakting unpa4 are hereby asa*W by the Borrower to the <br />Leader. and alts!! be paid forthwith to said Lender to be applied by <br />the latter on account of the next maturing installments of such <br />iadebtednew <br />12. The Borrower further agrees thtu should this instrument and <br />the note secured hereby not be eligible for insurance under the <br />National Ho@W* Act within eight months from the date hereof <br />(*Theca statement of =y. officer of the Department of Housing and <br />ifrban Development or audwrized agent of the Secretary of Housing <br />'arid Urban Development dated subsequent to the eight months' time <br />from the date of Ibis instrument. declining to insure said note and <br />this mortgage; being deemed conclusive proof of such ineligibility), <br />the tender or holder of the ante may. at its option, declare all sums <br />secured hereby imrnedisady due and payable. Notwithstanding the <br />foregoing, this option may riot be exercised by the Lender or the <br />holder of the note when the indigibdity for insurance under the <br />National Housing Act is due to the Leaders failure to remit the <br />nm gee premium to the Department of Housing AM <br />Urban <br />13. That if the Borrower fags to snake any payments of money <br />when the same become due. or fails to conform to and comply with <br />any of the conditions or agreements contained in this instrument, at <br />the note which it secures, 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 shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant of agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The notice shalt specify: (a) the <br />default; (b) the action required to cure the default; (c) a date. not ten <br />than 30 days from the date the notice is given to Borrower; by. which <br />the default must be cured; and (d) that failure to cure the dafa.W4 on <br />or before the date specified in the notice may result in aeeelenitkn <br />Of the sums secured by this instrunxnt and sale of the Property. The <br />notice shall further infirm Burrower Of the right to reinstate Met; <br />acceleration and the right to bring a crjttrt action to assert the ow <br />existence of a default or any other defense of Borrower to <br />acceleration and sale. if the default is not cured on or before atie date <br />specified 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 otW. <br />remedies permitted by appliV&Me law. Lender shall be entitled in <br />Collect all expenses incurred in punuineg the remedies provided in <br />this paragraph 13. including, but OW 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 to each county in which anj -oart of the Property is bcated <br />and shall mail Copies of such notiCtiim the manner MvsCribed -by <br />applicable law to Borrower and to the other persm Frescribed by <br />�....r• �� a w wu_ -.u_ .• _ roquin�0 by apph=bw IM, Tr1Wee <br />rr�� •+�+• naact ta�c utat <br />shall give public notice of seek 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 />:iff— ar—'i ig= : Td e:."'r,.�.: th:.:er:r:s �iynated in_ ac:ice e. =k <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 pince0any previously scheduled <br />sale. Lender or its designee may puree the Property at any seek. <br />Upon roteipt of payment of the Price bid, Trusone shall deliver to <br />the purchaser Trustee's deed Conveying the poop M-. -The recitals. in <br />the Trustees deed WWI be prima facie evidence of the truth of tithe. . <br />statements made therein. Trustee shaGiJ apply the proceeds of the sih <br />in the following order. (a) to all expenses of the sale, including, bdi <br />not limited to. Trustee's fees as permitted by applicable low and <br />reasonable attorneys' keg (b) to all'sums secured by this Security <br />Instrument; and (c) any, excess to tk. person or persons legally <br />entitled to it. <br />14. UPon acceleration under paragraph 13 or abusdonment of the <br />Property, Lender (in person, by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to Collect the rents of the Property <br />including those 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 rents, including. but not limited to. <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attorneys fees, and then to the sums secured by this instrument. <br />Paso 3oP 5 M1JD•t)ltalOT -1 <br />J <br />i� <br />>aK <br />�c <br />
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