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r <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss if not made promptly by <br />Borrower, and each insurance company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the insurance proceed% or any part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure of this instrument or other transfer <br />of title to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right, title and interest of the <br />Borrower in and to any insurance policies then in fora shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment cif the <br />note described, and all sums to become due under this itstrum w2, <br />the Borrower hereby assigns to the Lender all pwdt_ -� revenues, <br />royalties, rights and benefits accruing to the Be mover under =y and <br />all oil, and gas leases on said premises, with the e4ht to. receive and <br />rocz-ipt for the swi . and apply them to wiN imdtbtcdnCs3 as well <br />before as after default in the conditions of this imsteament, and the <br />Lender may demand, sue for and recover any such payments when <br />due and payable, but shall not be required so to day. This assignment <br />is to terminate and become null and void upon release of this <br />instrtime111. <br />10. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit wa-Ae upon said land, <br />not suffer the said premises to be used for any unlawful purpcst <br />11. That if the premises, or any part thereof, be condemned under <br />the power of eminent domain, or acquired for a public use, the <br />damalc awarded; the proceeds for the taunt of or the <br />consideration for such acquisition. to the extent of the full amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid, are hereby assigned by the Borrower to the <br />Lender, and shall be paid forthwith to said Lender to be applied by <br />the latter on account of the next maturing instaEftnents of such <br />indebterdness. <br />12. The Borrower further agrees that should this instrument and <br />the note secured hereby not be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing and <br />Urban Development or authorized agent of the Secretary of H'ausing <br />sad Urban Development dated subsequent to the eight moafits'.time <br />from the date of this instrument, declining to insure said a= acid <br />this mortgage, being deemed conclusive proof of si to incU gRadity), <br />the Lender or holder of the note may, at its opriartT ¢elarc Am sums <br />secured hereby immediately due and payable. Nomthstanding.the <br />foregoing, this option may not be exercised by ft Lender or the <br />holder of the note when the ineligibility for insurance undo the <br />National Housing Act is due to the Lender's fe ure 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 with <br />F <br />89--± 100501 <br />any of the conditions or agreements contained in this instrument, or <br />the note which it secures, then the entire principal sum and accrued <br />interest shall at once become due and payable. at the election of the <br />Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less <br />Rhea: 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the &Fault on <br />or before the date specified in the notice may result in =ditmtion <br />of the sums secured try this instrument and sate of ae lFro# ty. The <br />notice shall further inform Borrower of the r*ht: to reinstate after <br />&=Ieration and the right to brkS a court action to assert the non- <br />existence of a default or any other defense of Borrower to <br />acceleration and sale.. If the d,-*Wt is not ceased: ow, or before the date <br />specified in the notes Lender at its option rind, ingpare immediate <br />payment in full of aU sutras sccurcd by this instrment without <br />further demand and may invoke the power & sale and any other <br />remedies permitted by applicable law. Lender shall be erid.02d to <br />collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 13, including, but not limited: tar, reasonable <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked. Trustee shall record a notice of <br />default in each county in which any pan of the Property is located <br />and shall mail copies of such aerate in the manner prescribed by <br />applicable law to Borrower and to the ether persons prescribed by <br />applicable law. After the time required by applicable law, Trustee <br />shall give public notice of sale to the persons and in the manner <br />MMSC bed by applicable law. Trustee- without demand on Borrower. <br />shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee <br />may 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 its designee may purchase the Property at any sale. <br />Upon, receipt of payment of the price bid. Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustees tied shall be prima fade evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order. (a) to all expenses of the sale, including, but <br />not limited to, Trine's fees as permitted by applicable law and <br />reasonable attomeys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Properly, Lender (in person. by agent or by juiiicially appointed <br />receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Property. <br />including those past due. Any rents collected by fender or the <br />receiver shall-be applied first to payment of the costs of management <br />of the Property and collection of renm including, but not limited to. <br />receiver's fem premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />Page 3 of 5 HUD- 92143OT -1 <br />L� <br />7 <br />IT �r <br />..s <br />W <br />r'- <br />CG <br />tt! <br />r� <br />I <br />