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89104250
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Last modified
10/20/2011 7:41:34 AM
Creation date
10/20/2005 9:52:06 PM
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DEEDS
Inst Number
89104250
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t <br />L <br />89- 104256 <br />event of ions &xrowtr 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 insuma x campany conaerrad is hereby <br />authorized and directed to make payment for such loss dirmdy to <br />the Lender instead of to the Borrower and the ll erJa jointly, and <br />The insuraatce prow*,, or nays pare theree., may be a{apvied by the <br />Lender at ita v st�& citkt to the reduction of the indebtedness <br />hero misled or 11) the restoration or repair of the property <br />damaged. In event of foreclosure of this iasatitrient at other transfer <br />of tide to the monsaged 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 fora shall pass to <br />tfze purchaser or grantee. <br />9. That: is additional and colhteral security for thic payment of the <br />note des abed, and all sum to become due under this instrument. <br />the Borrower hereby ax4m to the Lender all profits, revenues. <br />royaltim rights and kvr fifs accruing to the Borrower under any and <br />all oil and gas leases on said permism with the right to receive and <br />receipt for the same and apply them tar. said indebtedness as well <br />before as after default in the coo ticros 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 so to do. This assignment <br />istyo�terminate and become null and void upon release of this <br />till.. YKMiM . <br />10. That the Borrower will keep the buildings upon said ptemtsr., <br />in ga►d repair, and neither commit nor permit way apon said land, <br />nor suffer the said premises to be uwt+d f,R any ut1rafu) purpose <br />1 I. Titan if the premises. or any Para Gbacreof, he condemned under <br />the power of eminent domain. or acquired for a public use, the <br />damages awarded, the proceeds for the taking of, tur ,be <br />consideration for such acquisition, to the extent & ift -full amount of <br />indebtedness upon this imtrmnent and the note whi&:h it is given to <br />secure rtm uunins unpaid, are hmhri amend by the Borrower in idn <br />Lender. W shall be paid forMwO dui staid Lender to be applied t;rp -.. <br />.the fatter on socount of the next nuilgrite installments of such <br />indebtedness. <br />12. The Borrower further agrees Ow riliould lhth� titsltument and <br />the note secured hereby not be dilmN., flor insurance under the <br />National Housing Act within cijO{t umlhs from the date hereof <br />(written statement of any ofGcxr of axe Llepsnrnent: «}J Housing and <br />Uiban Development ca sajiorized Agent of the Stettttary of Housng <br />and Urban Developresat dated suksn;l znt to the Li4 tt: months' XMI-, <br />from the date of this instrument, deci ring to insurt said note anrL <br />this mc►r*W. being deemed c'onc!"w proof of such inclrgifrik;) �: <br />the Lender or holder of the note may, at its option. declare all rums <br />secured herehy immediately due and payable. NoNit4standing the <br />foregoing, this option may not be exercised by the Under or the <br />holder of the note when the ineligibiNy for insurance under the <br />National Housing Ad is due to the l.eododa'y failure to remit the <br />oortgase imono a preinium totkt fYapartment of Housing and <br />Urban Dtsrtk7poleRt. <br />13. That if the yorrowet fails to mMke any pay mcnts of mc.ay- <br />when the same became due, cir fails io ,conform to and comply with <br />any of the conditions or agreerneats contained in this instrument. or <br />the note wh -ch it secures. then the entire principal sum and accrued <br />interest shall at once become date and payable. at the election of the <br />Lender. <br />Lender shah give notice to Borrower prior to acceleration <br />followins Borrowers breach of any cavYnant or agreement in tbi.; <br />instrument (but not prior to acceleratkn under paragraph 12 unless <br />applicabk law provides otherwise). The notice shall specify: (a) the <br />default; 4b) the action required to cure the default-. (c) a date, not lees <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 spedried in the notice m&y r6wIt in acceleratir.n <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 />acceleration and sale. if the default is not cured on or before the date <br />specified in the notice, Lender at its option man require immediate <br />payment in full of all sums secured by this ins 6meot without <br />further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled tip <br />collect all expenses incurred in pursuing the remedies pmvidled-in <br />this paragraph 13, including, taut not limited to. reasenable <br />attorneys fees and costs of title evidence. <br />If the power of safe is invoked,.Trusict shall record a notice of <br />default in each county in which any. part'of file Property is loorle i <br />and shall mail copies of such no(icir in the manna? prescribed L-y <br />applicable law to Borrower and to the other pens prescribed by <br />applicable law. After the time required by applicable law. Trustee <br />shall give public notice of sale to the pciwaiand in the manner <br />prescribed by applicable law. Tsunami. without demand on Borrower. <br />shall sell the Property at public auktun to the highest bidder at the <br />time and place and under the terms designated in the notice of sale <br />in one err more parcels and in any (order Trwtr�: 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 />safe Lmdcr or its designee may purchase the Property at any sale. <br />Upd:ni �,eetupt of payment of the price bid. Trustee shall deliver to <br />the purihaser 'Prust �y:deed conveying the Property. The recitals in <br />the Trustee's deal sMil be prima facie evidence of the truth of the <br />sutenxirms made therein. Trtate+e tilitia, apply the proceeds of the sale <br />in clot fOlowins order: (a) to add axMtses of the sae, including, but <br />not hi6ited to. Trustee's fees as Oezik.ed by spplicabk law and <br />reasonable attorneys' fern; tb► to all sums seeuritif lay this Security <br />Instrument. and tcl 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 agent or by judicially appointed <br />receivrr) shall he entitled fo enter upon. take possession of and <br />manage the Property and to collect the rent% of the Property <br />iwtibtfing those past due. Any renti. collected by tender or the <br />receiver shall be applied first to rmynient of the c4MM of matutotnent <br />of the Property and wllectron of rents, indading; but not limited to, <br />reveiver's fees. premiums on receivers hcinds and reasonable <br />attmney's fees, and then to the sums secured by this instrument <br />- Vane 3 of 5 - <br />L <br />L <br />"UD -92M OT•t <br />J <br />.'A <br />4'. <br />6 �, <br />Ash- <br />6 �, <br />
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