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89103817
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Last modified
10/20/2011 5:54:29 AM
Creation date
10/20/2005 9:47:07 PM
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DEEDS
Inst Number
89103817
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r <br />event of loss Borrower will give immediate notice by mail to the <br />Lender. who may make proof of loss if not trade promptly by <br />Borrower, and each insurance company concerned iv 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 />iereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure of this instrument or other transfer <br />of tick to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right, tide and interest of the <br />Borrower in and to any insurance policies then in fora shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />note describeA.aW all suers to become due under this instrument, <br />the Borrower baby assigns to the Leader all profits, revenues, <br />royalties, rig IA and benefits accruing to, #W Borrower under any and <br />all al and gas leases on. said daises, voc04he right to receive and <br />receipt for the same and .y. t1t4m to wild indebtedness as well <br />Wore as after default in tare cxmgtioerr of this instrument, and the <br />Lender may demod, sue Weacnf.rem4c•any such payments when <br />due and payable. but shalt a(A be rc udcd w to do. This assignment <br />.is to terminate am become -MA and void • upm releuo of this <br />i **Wren <br />10. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said land. <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the pmmises. or anv uart tbereoL be condemnM under <br />the power of eminent domain, of 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 chi's instrument and the note which it is given to <br />secure retttaiaiug 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 sbould this instrument and <br />time note seared hereby not be eligible for insurance under the <br />Nadwal Hooting Act within eight months from the date hereof <br />(writuo Moment of any officer of the Department of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Devetapasent dated subsequent to the eight months' time <br />from the date of this instrument, declining to insure said note and <br />this morlllw. being darned conclusive proof of such ineligibility). <br />the lender or holder of the note may. at its option. declare all sums <br />secured bereby immediately due and payable. Notwithstanding the <br />foretOW , Olds option may not be exercised by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />Nadowd Hoeing Act is due to the leader's failure to remit the <br />sor%w iaaaraaoe premium to the Department of Housing and <br />Urban Developmest. <br />13. Tint if the Borrower faits to make any payments of money <br />wien the samte bmotne do& or fails to conform to and comply with <br />89 --103 817 <br />any of the conditions or agreements coraained 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 election of the <br />Lender. <br />Lender 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 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 right to bring a court action to assert the non- <br />existence of a default or any other defense of Borrower to <br />aeockration and sale. If II)a default is not cured on or before the 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 pgwcr of sale and any other <br />remedies permitted by applicable la**. Leo&r dealt, be entitled to <br />collect all expenses incu.r'md in, Purszht*die tewedkm provided in <br />this paragraph 13, includnnq* atu nor hmiW to, ba"�le <br />attorneys' fees and costs ctf Wc vviiienm . <br />If the power of sale•is invoked. Trustee shall recada notice of <br />default in each county it) which any part of the Property is located <br />and shalt mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by <br />aDDlicabk law. After the. lire ew�nirwwl by _ fir:.. ,t. t.— <br />shill 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 „n.r tht terma des$atcd in tab iwiw in sale <br />in one or more parcels and in any order Trustee determines. Trust= <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 desigrm-may purchase the Property at any sale. <br />Upon receipt of payment of the, price bid, Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustees deed shall be primal" evidence of the truth of the <br />statements made thereha. Tpwese shall apply the pmzods of the sale <br />in the following order. (a) to all expenses of the sak;'fnduding, but <br />not limited to. Trustee's fees as permitted by applicable law and <br />reasonable attorneys! fees; (b) to all sums secured by this Security <br />Instrur eaq and (c) any excess to the person or persons.k.gally <br />entitled 6 tit. <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 entitled to enter upon, take possession of and <br />manage the Property and to Collect the rents of the Property <br />including those pau due. Any rents collected by leader or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and cdtoetion of coats, indudieg, 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 />Page 3 of 5 <br />^` �t�t121�T•1 <br />i, <br />r <br />f <br />`•t - <br />
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