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89103920
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Last modified
10/20/2011 6:18:09 AM
Creation date
10/20/2005 9:48:20 PM
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DEEDS
Inst Number
89103920
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I <br />89.-- 103920 <br />event of loss Borrower will give immediate notice by mail to the <br />lender. who may make proof of loss if not made promptly by <br />Borrower, and each insurance 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 properly <br />damaged In event of foreclosure 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 />note described. and aU 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 and <br />all oil and gas lases on said premises, with the right to receive and <br />receipt for tit same and apply them to said indebtedness as well <br />before as after default in the conditions of this instrument. and the <br />1rnder may demand. sue for and recover any such payments when <br />dote 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 />i0. That the Borrower will keep the buildings upon said premises <br />is good repair, and neiftrcommit nor permit waste upon said land. <br />nee wffer the said premises to be used for any unlawful purpose. <br />11. Thal if thc^.premism or any pan thereof, be condemned under <br />the n^`"" Of &GOimd 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 rn <br />secure remaining unpaid. are hereby assigned by the Borrower to the <br />Lender, and shall be paid forthwith to said tender to be applied by <br />dL -Dauer on account of the next maturing installments of such <br />WkJatednuss, <br />i• 12• The 8inr3wer further agrees that should this instrument and <br />the note seeuuxd. biereby not be eligible for insurance under the <br />National Ham: Ace within eight months from the date hereof <br />..'ritten stateme0t of any officer of the Department of Housing and <br />ticban Devdo� eat arc authorized agent of the Secretary of Housing <br />sad Urban Devd'opmmt dated subsequent to the eight months' time <br />from the date of this instrument. declining to insure said note and <br />ft 0101` LM bang deemed conclusive proof of such ineligibility). <br />the Tender or holder of the note may, at its option, declare all sums <br />sensed hereby.immedialety dice and payable. Notwithstanding the <br />foregoing, this opdon may not be exercised by the Lender or the <br />holder of the mote when the ineligibility for insurance under the <br />National HOuSi*'Act is due to the Lender's failure to remit the <br />Premium Lathe Department of Housing and <br />,Mban Development <br />•13. That if the Borrower fails to make any payments of money <br />*ben the same become due. or fails to conform to and comply with <br />any of the conditions or agreements contained in this instrument. or <br />the note which it secures, then the entire principal sum and aarued <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 />deiull ((b) the�on�required o cure the defaultt (c) specify: ae. 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 cwut action to assert the non- <br />existence of a default or any other dote m. of Borrower to <br />acceleration and sale. If the default is riot 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 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 prodded 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, Tree 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 such notice in the manner prescrihed by <br />Applicable law to Borrower and to the other persm prescribed by <br />applicable law. After the time r, :rte by a-trp"tk law. Tnatee <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 />firnc an'1 P14" And un icr the 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 purchak the property at any sak. <br />Upon receipt of payment of the price bid, Trustee stall deliver to <br />the purchaser Trustees 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. Trustee shall apply the proceeds of the We <br />in the following order. W. to all expenses of the sale, including, but <br />not limited to, Trustees fees as permitted by applicable law and <br />reasonable attorneys' foes; (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 abtiytdcxnment of the <br />Property. Lender (in person, by agent or by judicially, appointed <br />receiver) shah be entitled to enter upon„ take pow of and <br />manage the Property and to collect the-mats of the Property <br />including those past due. Any rents eolkaid by Lender or the ' <br />receiver shall be applied first to payment of the costs of management <br />of the Property and cdlection of rents, including, but not limited to. <br />receiver's tees, premiums on receivers bonds and reasonable <br />attomey's fees, and then to the sums secured by this instrument <br />Page 3 of 5 <br />.y. <br />HUD•9"43DT -1 <br />L. <br />1� <br />Les <br />' <br />M <br />ti� <br />
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