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89104519
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Last modified
10/20/2011 9:07:52 AM
Creation date
10/20/2005 9:55:13 PM
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DEEDS
Inst Number
89104519
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event of lass Borrower will give immediate notice by maid to the <br />Lender, who may mate proof of loss if not made promptly by <br />Borrower. and each insurance company concerned is hereby <br />authoriatd gad directed to Drake payment for such labs directly to <br />the Leader imand of to the Borrower and the Leader jointly. and <br />the insurance proceeds, or any part thereo& 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 />daaaaged. In event of foreclosure of this instrument or other transfer <br />of title to the mortgaged property in extinguishment of the <br />inildmidan secured Hereby. all right. tick and interest of the <br />Borrower in ad to any inwrance policies then in fora shall pass to <br />the purchaser of grantee. <br />9. That as additional and collateral security for the payment of the <br />now described. and all sums to become due under this instrument, <br />the Borrower hereby assign to the Lender all profits. revenues, <br />royalties, rights and beneCts acowng ko the Borrower under any and <br />all oil and gas leases on said premm s. ;1A* the right to receive and <br />receipt for the same and apply them ter said indebtedness as well <br />bekxe as after default in the conditidins-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 />is to terminate and become null and void upon release of this <br />instrument. <br />10. That the Borrower will keep the buildings upon said premises <br />in good repair. and neither commit eor permit waste upon said land. <br />nor puffer the said premises to be used t-rr any unbwful purpose. <br />11. That if the premises, or any part - thereof, bt condemned under <br />the power of eminent domain, or acquired for a public use. the <br />damages awarded. the proceeds for the taking of of 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 to <br />secure remaining unpaid, are hereby assigned by the Borrower to the <br />Deader. and shall be paid forthwith to said Lender to be applied by <br />the latter on amount of rite next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note wxrr,Yrd hereby not be eligible fire insurance under the <br />National Housing Act within eight mosibs from the date hereof <br />(written statement of any officer of the Department of Housing asrd <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Development dated subsequent to the eight 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 ►a. <br />the Lender or holder of the note may, at its option, declare all sucks <br />uxured hereby due and payable. Notw4ivanding the <br />foregoing. this option rwuy m3 be exercised by the Lcndet or the <br />holder of the note when * mdigdfa'W4 i Far insurance under the <br />National Housing Act is due to the Lc kfs failure to remit the <br />mortgage insurance prewi%in to the Department of Housing an-1, <br />Urban Development. <br />13. That if the Borravwtr fails to make any payments of mane• <br />when the saute become dirt, or fails nr Uonform to and comply wth, <br />t <br />any of the conditions or agreements contained 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 Borrowers breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />apptiabee law provides otherwise)i. 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 Riven 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 said sale of.the Property. The <br />notice shall further inform Borrower of the righta.aciristate after <br />acceleration and the right to bring a court uxiai 3a Oert the non - <br />ertist,t :of s default or any other defense of Borraysier to <br />am a *w and sale. If the default is not cured on VaF.�l+e *I_&t *! <br />
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