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89107015
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Last modified
3/7/2012 4:28:52 PM
Creation date
10/20/2005 10:28:20 PM
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DEEDS
Inst Number
89107015
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-�� <br /> �� <br /> _ I � <br /> i <br /> � <br /> ! <br /> ; <br /> 89- i 0'�01� <br /> � made shall be addeci ta thc priacipal sum owing on the above 12_ Thc Borro�ver Furthct agrees that should this insttument and <br /> notr,shall bc scn�;ca hereby. und shall t►ear interest at the rate set the note seaired herehy not be eliglbk Eor insurance undcr the Na- <br /> iorth in the said note,until paid. tional Hausing Act within eight months from the date hereof <br /> (writtcn statement af any aifioes of the Depanment of Housing <br /> 7. TAat the Bonawer hereby assigns. transfers and sets over to and Urb�u�DrvcIupn�c.�t or aatlwriz�,tl agcnt of thc 5ecrtaty ot' <br /> the l.ende�. fo be applied toward the payment ai'thr note and sU Housing and Urban Development dated subslquent ta the eight <br /> sums secu�ed hereby in ca.te af a default in the perfarmance of months' time i'rom the date of this instrument, declining to insure <br /> sny oi the terms and conditions of thls instrument or the said said rtote and this mortgsige.being dernxd conclusive proof of <br /> note,all the rents,�evenues and lnrnme ta be derived from the such ineligibility), the Lsnder or holder oP the note may,at its op- <br /> said prtnnises during such time as the indebtedness shaU rtmain tion, declare all sums secured hereby immodiate/y due and payable. <br /> unpaid.and the Leader shall have power to appoint any agent or Notwithstanding the fwrgoing. this option may not be exercised <br /> aamts it may desirc for the purpose af rcpairing said prcmises and by the Lender or the l�olda of the note when the inciigiDility for <br /> of renting the same and rnUecting ehe rents.revenues and income, insurance under the Natio�l Hou.tina Act is dae to the Lender's <br /> and it may pay out of said incomes all expenses of re�airing said failure to remit the mortas�ge inswanoe premium to the Depart- <br /> premises and necessary commissions and expenses incurred in rent- ment of Housing and Utban Deveopmmt. <br /> ' ing and managing the same and of coUeeting rentals therefrom; <br /> the�aiance remaining,if any. to be applied to�vard the dischazge 13. That if the Borrower faits to make any payments of money <br /> of said indebtedncss. Khen the same become due.or fails[o conform to and comply <br /> with any af'the conditions or�greemrnts mntained in this instru- <br /> 8. That the Sorrower will keep the improvemenu now caeisting ment, or the note which it secures.then tht eatire principal sum <br /> on c�reai'ter erected on the praptrty,insured as may be required and accrued interest shall at once become due and payable,at the <br /> from timo to time by the l.ender against loss by fire and other election of the Lender. <br /> Iwards,casualties and contingencia in such amounts and for such <br /> periods as may be required by the Lcnder and will pay promptiy. Lender shall gi�•e notia to Bonowe� prior to acceleration <br /> when due. any preminms on such insurance provision for payment following Borrow•er's bratch of any covenant or agrament in this <br /> of which has aot been made hereinbefore. AU insurance shall be instrument(but not prior to accekration under parag�aph 12 <br /> arried in companies approved by the Lender and the policies and unless applicable law provida otherwise).The notice shaU specify: <br /> rmewals thereof shall be held by the Lender and have Attached (a)the default; (b)the action requi�ed to cure the default: (c)a <br /> tfiereto loss payable clxuses in favor of and ir� form acaptable to date, not less than 30 days f�om the date the notice is given to <br /> the Lender. In event of loss Horrower will giwe immtdiate notice Borrawer,by which tht dtfault must be cured: and(d)that failwe <br /> by mail to the Lender, who may make proof'of Ioss if not raade to cure the dtfautt on or before the date specified in the notice - <br /> promptly by Borrower. and each insurance company concerned is may result in acceleratioa of the sums sawed by this instrument • � <br /> hereby suthoriud and directed to make payment for such loss and sale of the Property. The notia shall further inform Borrower , <br /> directly to tho Lender instead of to the Borrower and the Lender of the right to rcinslate after acoekration and the right to bring a : <br /> jointly.and the insurance proeeeds. or any patt thereof,may be court action to assert the non�cistenoe of a default or any other ; . <br /> - 'Fi����l::C�!»* !:S��`!S^^�I�!!�i�i.�!! rklLMjnn nf th� rtefencc�f Rnrrnwet to eooeleYatiOn and ssk.I�the def3ulI is IIOt r_-�..z <br /> indebtodness hereby secured or to the rest�ration or repair of the cured on or beforc thc date spccifiod in the notia, Lender at its �..;T-' <br /> property damaged. ln event of foreclosure of this instrument or option may reauire immodiate paymrnt in full of a11 s�ims secured : <br /> other transfer of titic to the mortgaged propeny in extinguishment by this instrument without further drn�and and may invoke the <br /> of the indebtedness secured hereby, all right, citle and interat of power of sale and any otlx� rem�dies permitted by applicable law. � <br /> the Borrower in and to any insurance policies then in force shall Leader shail be entitlod to coUoct all expertca incurred in pursuing <br /> pass to the purchaser or granta. the remedies provided in this paragraph 13, including, but not — <br /> limitod to,reasonabk attomeys' fas and costs oi title evidena. i ;' <br /> 9. That as additional and coAateral security for the payment ot ' <br /> the note described.and all sums to become due under this instru- IP the power oi sate is invoked,TnLSta shaU record a notice of '��` <br /> ment,the f3orrower hereby assigns to the Lender all profits, default in each munty in which aay part of the Property is located <br /> rcvenues, royalties, rights and benefits accruing to the Borrower and shall mail copies of such notia in the manner prescribed by <br /> , under any aad ali oil and gas leases on said premises, with the applicable law to Boaower and to t6e other persons precribed by <br /> right to roaive and reoeipt for the sanue and apply them to said applicable law. After the time requ'ued by applicable law, Trusta <br /> indebtedness as well before as afta default in the eanditions of shall give public notioe of sak to the persons and in the manner <br /> this instrument.and the Lender may demand. sue for and recover prescribed by appGcabk taw.Tnutee,without danand on Bor- i � <br /> any such payments when due and payable, but shaU not be ra rower.shall sell the Property at pubiic auction to the hlghest bid- . � <br /> quired so to do. This assignment is to terminate and ba:ome null der at the time and plaoe and under the trnns designatod in the <br /> and void upon release of this instrument. notice of sale in ane os more parals and in any order Tnutee � <br /> determina.Trustce may paupone sale of all or any parcel of the !' <br /> 10. That the Borrower wiU kap the buildings upon said premises Propeny by public armounoement at the time and place of any � �� <br /> in ga+d repair,and neither commit nor permit waste upon said previously scheduled sak. Lender or its designea may purchase the <br /> tand. nor suffer the said prert�ises to be used for any unlawfui Property at any sale. <br /> PurPose- <br /> Upon receipt of payment of the price bid,Trustee shall deGver <br /> 11. That if the premises.or any pan thereof. be condr.mned to the purchaser Trusta's deed oonveying the Property.The <br /> undtr ihe power of eminrnt dom�in.or acqaired for a public use, recitats 9n the Trustee's dad shall be prima facie evidence of the <br /> t3�e Qamages awarded,the prooeeds for the tatcing of.or the wn- truth of the statements made therein. Tn�sta shaii apply the pro- <br /> sidetation for such aoquisiYan,to the extent of the full amount of ceMs of the sale in the folluwing order: (a)to all expenses of the <br /> �' indtbtedness upon this instrument and the note which it is given to sale, inciuding, but not limited to.Tnuta's fees as permitted by <br /> secure remaining unpaid,are hereby assigned by the Borrower to applicable law and reasonabk attorneys' fees;(b)to all sums <br /> the Lender.and shall be paid forthwith to said Lender to be a� savred by this Security Instrument;and(c)any excess to the per- <br /> plied by the latter on aaount of the next maturing installments of son or persons legally entitled to it. <br /> such indebtedtkss. <br /> . � . <br /> Pa�e 3 ot 5 r } IiUD�92143DT - -' <br /> i <br /> � <br /> � • � J <br /> ,. � <br /> --__ . ��� <br /> Y., .. <br /> _ <br />
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