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88106336
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Last modified
3/9/2007 5:41:52 PM
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3/9/2007 4:44:01 AM
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DEEDS
Inst Number
88106336
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<br />Lender. In event of loss Borrower will give Immediate notice by <br />mail to Ihe Lender. who may make proof of loss if nol made <br />promptly by Borrower, and each Insurance company concerned <br />is hereby authorized and directed to make: payment for such 1055 <br />directly to the Lender Instead of to the Borrower and the <br />Lender jointly. and the insurance proceeds, or any part thereof, <br />may be applied by the lender at its option either to the <br />reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property'damaged. in event of <br />foreclosure of this instrument or other transfer of title to the <br />mongaged propeny in extinguishment of the indebtedness <br />secured hereby, 011 right, title and interest of the Borrower in <br />and to any insurance policies then in force shall pass to the <br />purchaser or grantee. <br />9. That as additional and collateral security for the payment <br />of the note described. and all sums to become due under this <br />instrument. the Borrower hereby assigns to the Lender all <br />profits, revenues, royalties. rights and benefits accruing to the <br />Borrower under any and all oil and gas leases on said premises, <br />with the right to receive and receipt for the same and apply <br />lhem to said indebtedness as well before as after default in the <br />condidons of this instrument, and the Lender may demand. sue <br />for and recover any such payments when due and payable, but <br />shall not be required so to do. This assignment is to terminate <br />and become null and void upon release of this instrument. <br />10. That the Borrower will keep the buildings upon said <br />premises in good repair, and neither commit nor pennit waste <br />upon said land, nor suffer the said premisc5 to be used for any <br />unlawFul purpose. <br />11. That if the premises. or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public <br />use, the damages awarded. the proceeds for the taking of, or <br />the consideration for such acquisition, to the extent of the full <br />amount of indebtedness upon this instrument and the note <br />which it is given to secure remaining unpaid, are hereby assigned <br />by the Borrower to the Lender, and shall be paid forthwith to <br />said Lender to be applied by the latter on account of the ncxt <br />maturing installments of such indebtedness. <br />12. The Borrower further agrees that should this instrument <br />nnd the note secured hereby not be eligiblo for insurance under <br />the National Housing Act within eight months from the date <br />hereof (written statement of any officer of the Department of <br />Housing and Urban Development or authorized agent of the <br />Secretary of Housing and Urban Development dated subsequent <br />to the eight months' time from the date of this instrument. <br />declining to insure said note and this mortgage, being deemed <br />conclusive proof of such ineligibility). the Lender or holder of <br />the note: may, at its option. declare all sums secured hereby <br />immediately due and payable. Notwithstanding the foregoing, <br />this option may not be exercised by the Lender or the holder of <br />the nole when the ineligibility for insurance under Ihe National <br />Housing Act is due to the Lender's failure to remit the <br />mortgage insurance premium to the Department of Housing and <br />Urban Development. <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 <br />with any of the conditions or agreements contained in this <br />instrument, or the note which it :ieCures, then the entire <br />principal sum and accrued interest shall at once: become due and <br />payable, at the election of the Lender. <br /> <br />('2 <br />88- 106336 <br /> <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement In <br />this instrument (but not prior to acceleration under paragraph <br />12 unless applicable Jaw provides otherwise). The notice shall <br />specify: (n) the default; (b) the action required to cure the <br />default: (c) a date, not less than 30 days from the date the <br />notice is given to Borrower. by which the default must' be cured; <br />and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums <br />secured by this instrument and sale of the Property. The notice <br />shall further infonn Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assen the <br />non-existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before <br />the date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this <br />instrument without funher demand and may invoke the power <br />of sale and any other remedies permitted by applicable law. <br />Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph 13, including, <br />but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br /> <br />If the power of sale is invoked, Trustee shall record a notice of <br />default in each county In which any part of the Property is <br />located and shall mail copies of such notice in the manner <br />prescribed by applicable law to Borrower and to the other <br />persons prescribed by applicable law. After the time required by <br />applicable law. Trustee shall give public notice of sale to the <br />persons and in the manner prescribed by applicable law. <br />Trustee, without demand on Borrower, shall sell the Property at <br />public auclion to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one Dr more <br />parcels and in any order Trustee detennines. Trustee may <br />postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled <br />sale. Lender or il5 designee may purchase the Property at any <br />sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver <br />(0 lhe purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustcc's deed shall be prima facie evidence of the <br />truth of the slatements made therein. Trustee shall apply the <br />proceeds of the sale in the following order. (a) to all expenses of <br />the sale. including. but not limited to, Trustee's fees as <br />penniued by applicable law and reasonable attorneys' fees: (b) <br />to all sums secured by this Security Instrument; and (c) any <br />excess to the person or persons legally entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of <br />the Property, Lender (in person. by agent or by judicially <br />appointed receiver) shall be entitled to enter upon, take <br />possession of and manage the Property and to collcel the rents <br />of the Property incJuding those past due. Any rents collected by <br />Lender or the receiver shall be applied first to payment of the <br />costs of management of the Property and collection of rcnlS, <br />incJuding, but not limited to, receiver.s fees, premiums on <br />receiver's bonds and reasonable anomeys' fees, and then to the <br />sums secured by this instrument. <br /> <br />L <br /> <br />Page 3 of 5 <br /> <br />HlJti.92; 4:l0T.' <br />
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