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88104932
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Last modified
3/17/2009 4:49:47 PM
Creation date
3/9/2007 4:40:44 AM
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DEEDS
Inst Number
88104932
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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 104932 <br /> <br /> Lender. in event: of lass Borrower will gift h mere aodcr by T shall em not ire to Borrower prim to soodeattkm <br /> mml to the tender. w!w may mate proof of I= if ant mark f Bareaiwer"s breach of any move" a! or agzee~-Pill <br /> promptly by Borrower. and each wwvwee company concerned . this iittstr~aeat (bat slot prier to ttetoeleraom ■oadtar paoraarsph <br /> is bereby authorized and dirmtcd to make paymKrtet for sob loss 12 naftxa appfc-tip bw prances otherwise). The ntrtiice shag <br /> directly to the bailer iastead of to the Borrower and the spe ifs: (a) the defat*: (b) the aako feh*rrcd to cure the <br /> Larder jointly. and the insurance proceeds. or my pmt thereof, defmk. (c) a date, trot hm than 30 days from the date tbte <br /> may be applied by the Letdcr at its option either to the notioe is giweat to Borrower. by wbitti time defaalt nimst be curter <br /> reduction of the indebtedness baeby secured or to the and (d) that taiitre to ewe the defauk an or before the date <br /> rsstoratiors or rrpsir of the property damaged. in event of Fperified in the notice may result in diva of the sums <br /> foreclosure of this instrument or other irmssfer of titk to the several by this b Town d and sale of Uw Property- The notice <br /> mortgaged property it. extinguishownt of the iodebtedtsess "norther inform Borrower of the right to reinstme after <br /> secured hereby, all risfu. title and interest of the Sorrower in amderaf m cad the right to buiirts a court action to osier: the <br /> and to any insurance poiicks then in force shalt pass to the non teaoe of a default or any filter defense of Borrower to <br /> purchaser Gr grantee, actxkrstiom aad safe. If the default is not cored on or before <br /> 9. Thar as ad3itiout and collateral security for the payment the date spmried in the notice. Leender at its option nay require . <br /> Pa) full <br /> and may aas secured ay uhsDryvke this the power <br /> of the note described; and all sums to become dne tinder this ~ without o fwtbcr of ean vim <br /> instrument, the Eknrowrr hereby assigns to the Leader all of sale and any other remedies r permitted applicable le k raw. <br /> profi,3, revenues. royalties, rights and benefits accruing to the all expenses incurred <br /> °„-rrouer under any and all oil and gas leases on said premises. pumi th:11 be retitled to o collect an this paragraph 13, including. <br /> with the right to recrivc and receipt for the same and apply bum8 the remedies mable attorneys' this n <br /> but not limited to, rriertabk orneys*' fees fees and costs. of title <br /> tLem to said indebtedness as well before as after default in the evidence <br /> conditions of this instrumr*_tt, and the Lender may demand, site <br /> for and recover any such payments when due and payable, but If the pourer of sale is invoked. Ttuxee shall record a notice of <br /> shall not be required so to d--_ This assignment is to terminate default in each county in •hich any part of the Property is <br /> and become null and void upon release of this instrument, located and shall m-kid copies of R h rx-xice in the :Wanner <br /> prescribed by applieabk law to Borrower and to the other <br /> 10- That the &~rrower will keep the buildings upon said persons prescribed by applicable lave- After the time required by <br /> rremises ir.. good repair, and neither commit not permit waste apocable law. Trustee shall give public notice of sale to the <br /> upon said land, nor s0fer the said premises to be used for any persons and in the manse prescribed by applicable law. <br /> unlavtfui purpose. Trustee, without demand on Borrower. shall sell the FTOpcny at <br /> 11 _ That if the per fists, or any part thereof, be rnndemned public auction to the highest bidder at the time and place and <br /> under the power of eminent domain. or acquired for a public under the term designated in the notice of sale in one or more <br /> us-. the damag c~, awarded, the proceeds for the taking of, or parcels and in any order Trustee determines. Trustee may <br /> the consideration for such acquisition, to the extent of the full postpone sak of all iu any parcel of the Property by public <br /> amount of indebtedness upon this instrument and. the note announcement at the time and place of any previously scheduled <br /> which it is given to secure remaining unpaid, are hereby assigned sak- Lender or its "vier may purchase the Property at any <br /> by to,- Borrower to the Lender, and shall be paid forthwith to sale. <br /> said Lender to be applied by the latter on account of the nev Upon receipt of payment of the price bid. Trustee shall deliver <br /> maturing installments of such indebtedness. to the purchaser Trustee's deed conveying the Property. The <br /> 12- The Borrower further agrees that should this instrument recitals in the. Trustee's deed shall be prima facie evidence of the <br /> and the note secured hereby not be eligible for insurance under truth of the statements trade therein. Trustee shall apply the <br /> the National Housing Act within eight months from the date Proceeds of the sale in the following order: (a) to all expenses of <br /> hereof (wTitten statement of any officer of the Department of the sale. including, but not limited to. Trustee's fees as <br /> Housing and Urban Development or authorized agent of the putted by applicabk law and reasonable attorneys' fee;; (b) <br /> Secretary of Housing and Urban Development dated subsequent to all rims secured by this Security Instrument; and (c) any <br /> to the eight months' time from the date of this instrument, r-xoess to the person or persons legally entitled to it. <br /> declining to insure said note and this mortgage, being deemed 14- Upon acceleration under paragraph 13 or abandonment of <br /> conclusive proof of such ineligibility), the Lender or holder of the Property, Lender (in person, by agent or by judicially <br /> the note may, at it! c-, tion, declare all sums secured hereby <br /> immediately due and payable. Notwithstanding the foregoing, possession and receiver) shall manage e the entitled Property and enter to upon, collect take the rents <br /> this o tior- may not be exercised by the Lender or the holder of of the Property <br /> the n pe when the ineligibility for insurance under =he National of including those peal dfi Any rents collected br <br /> Lender or the receives shad be applied first to ftayrr>eW[ of the <br /> HouSiYe .1ct is due to the Lender's failure to remit the costs of management of the Propert), and cc-ot!ectian of rents. <br /> mortiage insurance premium to the Department of Housing and including, but not limited to, receive-'s fees, premiums on <br /> Urban Development. receiva's bonds and reasonable attorneys' fees, and then to the <br /> 13- That if.-.the :Borrow•cr fails to.make any payments of money sums secured by this instrument- <br /> when the same become due, or fails to conform to and comply _ <br /> with any of the conditions or agreements contained in this <br /> instrument, or the note which it n rest then the :mire <br /> principal sum and accrued interest shall at- once become dire and <br /> payable, at the eicc%on of the Lender- <br /> Pate 3 of 5 HUD•92143OT-1 <br /> a <br /> 4 <br />
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