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I <br />L <br />I <br />_ I -) 9 00417 <br />Lender. In event of loss Borrower will give immediate notice by <br />mail to the Lender. who may make proof of lays if not made <br />promptly by Borrower, and each insurance company cons Tnt'd <br />is hereby authorized and directed to male payment for such loss <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 />mortgaged property in extinguishment of the indebtedness <br />secured hereby, all 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 />them to said indebtedness as well before as after default in the <br />conditions 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 permit waste <br />upon said land, nor suffer the said premises to be used for any <br />unlawful purpose. <br />11. That if the premises, or any part thereof. Lte condemned <br />under the power of eminent domain. or acq iire- 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 />"A cu ii iS gibbers to s"ui -: iamb "g unpaid, are hereblj 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 next <br />maturing installments of such indebtedness. <br />12. The Borrower further agrees that should this instrument <br />and the note secured hereby not be eligible for insurance salter <br />the National Housing Act within eight months from the daze . <br />hereof (written statement of any officer of the Department of <br />Housing and Urban Development or authorial agent, of the <br />Secretary of Housing ¢.Td Urban. Development.dztedl-sub*uent <br />to the eight months' time front the date of this instrc meet„ . <br />declintag 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 heirlsg ' <br />immediately due and payable. Notwithstanding �t4e foretaing. <br />this option may not"be exercised by the Lender or the holder of <br />the note when the ineligibility for insurance,uttder the National <br />Housing Act is due to the Leader's failure to remit the <br />mortgage insurance premium •to- tire. 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 secures, then the entire <br />principal sum and accrued interest shall at trace become due and <br />payable, at the election of the Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in <br />thin instrument (Tut not prior to acceleration under paragraph <br />12 unless applicable law provides otherwise). The notice shall <br />specify: (a) 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 inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert 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 further 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 />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 auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. 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 itc doKforn" may Fnrch3er !he Pronerty at any <br />sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shalt apply the <br />proceeds of the sale in the following order: (a) to 0 expenses of <br />the sale, including, but not limited to, Trustee's fees u- <br />permitted by applicable law and reasonable attorneys.' fees; (b) <br />'.to. all sums secured by this Security Instrument; and (4 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 collect the rents <br />of the Property including 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 rents, <br />including, but not limited to, .receiver's fees, premiums on <br />receiver's bonds and reasonable attorneys' fees, and then to the <br />sums secured by this instrument. <br />Page 3 of 5 HUD- 92143DT -1 <br />tst <br />7 <br />.7 <br />i <br />"s. <br />f= <br />J <br />L <br />iY <br />�F <br />r = <br />I <br />