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_1 <br />r <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of toss 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 !.ender instead of to the Borrower and the Lender jointly, and <br />the insurance proceeds, or any pin 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 forve shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment cif the <br />note descn'bed, and all sums to become due under this instrument, <br />the Borrower hereby assigns to the Lender all profits, revenues, <br />myattfm rights and benefits accruing to the Bormwer Binder any and <br />all oil and gas leases on said premises, with the right tU receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as alter default in the eonditicxnc of this instrument, and the <br />Lender may demand, sue for and recexvr any such payments when <br />due and payable, but shall not be required so to do. This assignment <br />is to terminate and become nun and vVid upon release of this <br />instrument. <br />10. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said land, <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the premises, or any part thereof. be condemned under <br />the power of eminent domain,.or acquired fora public nc', the <br />damages awarded. the proceeds fur the taking of, on the <br />consideration for such aequLritfon; 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 installments of such <br />indebtedness. <br />12. The Borrower f inher 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 Housing <br />and Urban Development dated subsequent to the eight months' time <br />from the date of this instrument, declining to insure said note and <br />this mortgage, being deemed conclusive proof of such ineligibility), <br />the Lender or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />foregoing, this option may not be exercised by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />National Housing Aix 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 Banower fails to snake any payments of money <br />when the same become due, or fails to conform to and comply with <br />89--,m 100592 <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 MOW, at the election of the <br />Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrowers 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 />than 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 default on <br />or before the date specified in the notice may Mult in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the rigbt sabring a court action. to assert the non- <br />existence of a default or any, other d,.�Ci,,nse of Borrower to <br />acceleration and sale. if tke. delkult is not cured oa or before the date <br />specified in the notices, !lender at its option, may mquire immediate <br />payment in Full, of all sums secured by this instrument without <br />further demand and taay i0vOke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to <br />Collect 211 expenses, imcurred in pursuing the remedies provided in <br />this pacUr Oh 13,1 =fuding, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />If the Wwer of sale is invoked, Trustee shall record a notice of <br />default its each county in which any pan of the Property is located <br />and shat; mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the time required by applicable law, Trustee <br />s's.'ll giM f,ublic ,- ,6iitvvi s:ie w the persons and in the manner <br />prescribed 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 ©r more pama and in any order Trustee determines. Trustee <br />may postpor:e sale of" or any parcel of the Property by paxic. <br />announwa=t at the time and place of any previously sche&W. <br />sale. Lender or its desig�zee may purchase the Property at any sak. <br />Upon receipt of p;oment of the price bid, Trustee shall deliver to <br />the purchaser Trustees deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima here 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. Trustee "s fees 'as permitted by apble law and <br />reasonable attorneys' foes; (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 />Property, Lender (in person, by agent or by judicially 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 coltected by Lender or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attomey's fees, and then to the sums secured by this instrument. <br />Page 3 or 5 tiUb4143E 1 <br />7 <br />V <br />h� <br />ME <br />x <br />