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89104455
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Last modified
10/20/2011 8:50:29 AM
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10/20/2005 9:54:28 PM
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DEEDS
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89104455
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L <br />event of lots Borrower will give immediate notice by mail to the <br />Leader, who may matte 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 toss directly to <br />the Lender instead of to the Borrower and the lender jointly, and <br />IM itsscirattee 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 property <br />damaged. In event of foreclosure of this instrument or other transfer <br />of tide to the mortgaged property in extinguishment of the <br />iwkbwdneaa secured hereby. all right. title and interest of the <br />Borrower to 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 />ante described, and all shim to become due under this instrument. <br />the Borrower hereby assign to the Lender all profits, revenues. <br />royalties, rights and benefits accruing to the Borrower under any and <br />all oil and gas leases on said premises. with the d1k to receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as after default in the conditions of this instrutrtent. 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 />is to terminate and become null and void upon r kxcr-- of this <br />Instrument. <br />10. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit not permit wasin upon said land, <br />not suffer the said premises to be used for any unlawful purpose. <br />11. That if the premises. or any part thereof, be condemned under <br />the power of eminent deMin. or acquired for a public use. the <br />damages awarded. the proceeds for the taking of, or firs <br />consideration for such w;yisition, to the extent of flu dull amount of <br />indebtedness upon tM. ingrument and the note whirub-it is given to <br />secure remaining unpaid,' are hereby assigned by the Borrower to the <br />Lender, and shall be paid forthwith ten laid fender to be applied by <br />the latter on account of the next ma»uittg ittstalUMertts of such <br />indebtedness. <br />12. The Borrower further agrees that should Un:; iizsirument and <br />the note secured hereby riot be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written statement of an.y officer of the Uepartmtot 4f Housing and <br />Urban Development ota«tthorized anent of the aviary of Housing <br />and Urban Development dated subsequent to the cght months' time <br />from the date of this instrument, declining to insure said note and <br />this mortgage, being deemed conclusive proof of such ineligibility). <br />the Lender or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. NorWihstanding the <br />foregoing, this option may not be exercised by the Lnr ider or the <br />holder of the note when the ineligibility for insuntce under the <br />Nationall MhWng Act is due to the Lender's failure to remit tiv: <br />mortgage insurance premium to the Department of Housing and <br />Urban Devebpnsent. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to and comply with <br />1 <br />any of the conditions or agreements contained in this inurunkint. 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 prkm to acceleration under paragraph 12 unless <br />applicable law provide: other w&; The cake shall s ncify: (a) the <br />default; (b) the action required to cure the defnuN. (1 :) a date, not less <br />than 30 days from the date the notice is given it) Barrower. by which <br />the default must be cured; dad (d) that hilure w 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 alter <br />acceleration and the night to bring a court action to assert the non- <br />existence of a default or any other defense of Borrower to- . <br />uxekrstion and sale. If the deGtult is not cured on or before the date <br />specified in the notice. tender 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 sad any other <br />remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred is panning the remedies provided in <br />this paragraph 13, including. lid Trot limited to, reasonable <br />attorneys fees and casts of title evidence. <br />If the power of safe is invekedv Trustee shall record a notice e. <br />default in each county in which 1<my pan of the Property is lamed <br />and %hall mail topics of such mctirxin the manner prscribed b;L <br />appluxfsle law to Borrower and IM the other persons prescribe by <br />applicable law. After the time read'Wred by applicable lave. Trustee <br />shall give public notice of sale to iAi persons and in the manner <br />prescribed by applicable law. Trig. without demand on Borrower, <br />shall X41- the Property at public iutstson to the highest bidder at the <br />time 'md plane and under the tctrsan, designated in the notice of sale <br />i <br />in one or more parcels and in ay •order Trustee determines. Trustee <br />may postpone soft., 401 or any parcel of the Property by public <br />announcement at tfiic. mine and place of any previously scheduled <br />sste. Lender er its lit Igia m*y puriuse the Property at any ale. <br />Upon receipt of frcymeni of tk price bid. Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Pmlpeny. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee silo!! apply the proceeds of the sale <br />in thteft flowing order: (a) to &U. ewpema of the sale. including, but <br />act limited to. Trustee's fees as pitted by applicable law and <br />reasonable attorneys feess; IN to all sums secured by this 5ccurity <br />Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />14. Upon acceleration wxitz Puagraph 13 or abandonment of the <br />Property. Lender fib pra-At; trg;, at or by judicially appointed <br />receiver) shall be eii(.rskd'co ow upon, take possession of and <br />manage the Property and to Wlea the rents of the Property <br />including, those past due. Any rents. collected by Lender or the <br />receives- 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 />attorney 4 fees. and then to the sums secured by this instrument. <br />- -- -- -parts 3 of 5 — <br />L <br />' ittlQ�lg'td)bT•t <br />J <br />I <br />;c <br />,r <br />tat: <br />-J- <br />
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