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��14�1199 2s Defauft �or any �vent which, w�th the �iving of Notice or th� passag� vf time, �r b�th, w�uid constEtute an E��nt af Default} has occurred and is continuing; �2} Lender determines, in Ets dis�retion, that there will be suffici�nt funds to camp��t� the rest�ration; �3} L�nder determ'rn�s, in its d��cr�tion, that the rental income from the M�rtgaged Property after compl��ion af the rest�ration wi�l b� sufficient to m��t all operating costs and oth�r ex�enses, Imposition Deposits, dep�sits to reser�e� and loan repayment obligati�ns relating to the M�rtgaged Property; and �4} Lender determines, in its dis�ret'r�n, that the rest�ratian wi�i be complet�d bef�re the earlier of �A} on� y�ar �ef�re the matur�ty date vf the Nat� or �B} �ne year after the date af the l�ss or casuafty. Further, sa iong as th� L�an �s insur�d by H U D, Lender may nat exerc�s� its a�tion ta apply insurance pr�ceeds t� th� paym�nt of the Indebtedness wi�hout the �rior written approval of H Ua. if H U D fails to gi�e �ts approval t� the us� or appl«ation of su�h funds within �� days after th� written request by Len�er, Lender may us� �r app�y such funds for any of the pur�oses sp�cifi�d herein without the approvaf of HUD. �h} If th� M�rtgag�d Property is so�d at a f�rec�osur� sale �r L�nder or H U D acquir� tftl� �o �he Mortgag�d Prop�rty, L�nder and HUD, as app�icable, shall automatically succeed to ali rights of Borrower in and to any insuranGe palicies and unearned insurance prem�ums and 'rn and to the pr��e�ds of property �amage insurance resulting frnm any damag� to th� Mortgag�d Prap�rty pri�r to such sale ar acquisitian. ��. ��N aEM NATI�N. �a} Borr�wer sF�all pr�mptly nntify L�nder of any a�t�an or proc�e�ing relating to any cond�mnati�n or other taking, nr can��yance in lieu thereof, �f all ar any par� af the Martgaged Property, wh�ther direct or indirect cand�mnation. Borr�w�r shall appear �n and prosecute or defend any action or praceeding refat�ng t� any condemnati�n un�ess �therwise dire�t�d �y Lend�r �n vUr�tin�. Borrow�r auth�rizes and appaints L�nd�r as attorney-in-fact for Borr�w�r to commence, appear in and prosecu�e, in Lender's or Borrower's name, any action �r pro�eeding relating to any �andemnation and to s�tt�e �r compromise any c�aim in cannection with any candemnation. This ��wer of attarney is c�upl�d with an interest and therefore �s irrevacable. However, nathing contain�d in this Sect�on �� shal� require Lender t� incur any �xp�nse or take any actian. Barrower hereby transfers and assigns to L�nder all right, tit�� and interest �f S�rrow�r in and tv any award or payment with res�e�t to ��} any condemnation, or any con��yance in li�u of condemnatf�n, and ��} any damag� ta th� Mortgag�d Property �aused by go�ernmenta! action that daes nat result �n a condem nat�on. �b} A�I awards of comp�nsation in c�nnecti�n with cond�mnation for pubEEc use of or a taking �f any �f the Mortgag�d Proper�y shail be paid to Lender to be applied ��} to f�es, costs and �xpenses �inc�uding reas�na�l� at�orneys f�es} incurred by � ...,.�.� Pre�ious editi�ns are obsolete H�D NfF Security Instrument HUD-94D��M�Re�.�41�1}