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w; <br />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, Vd <br />the insurance proceeds, 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 force shall pass to <br />the purchaser. or grantee. <br />9. That as additional and collateral security for the paymer•.t of the <br />note dessribed,.and all sums to become due under this instrumeni, <br />the Borrower. hereby assigns to the Lender all profits, revenues <br />royalties, rights and benefits accruing to the Borrower under anv and <br />all oil and'gas leases on said premises, with the right to receive and <br />receipt for. the same and apply them to said indebtedness as we,I <br />before as after default in the conditions of this instrument, and the <br />Lender may demand; sue for and r=ver any such payments when <br />due and payable, but shall not be required so to do. This assignment <br />is to terminate and become null and void 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 />H. T!i~t:if:the p:entis; �, or any },:ri iZIM", be condemned under <br />the Power: of eminent domain. or acquired for a public use, the <br />damages awarded; the proceeds for the taking 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 unpaidi 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 further agrees that should this instrument and <br />the note4ecured 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 mortftcg .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 Act is due to the Lender's failure to remit the <br />mortgage-insurance premium to the Department of Housing and <br />Urban Develbpment. <br />13. Thatiitthe Borrower fails to make any payments of money <br />when the same become due, or fails to conform to and comply with <br />I <br />89 ~100684 <br />any of the conditions or agreements contained in this instrument, or <br />the molze wh *rh ft. _urec, then the entire principal sum and accrued <br />interest shall at onm beLrme due and payable, at the election of the <br />Lender. <br />Lender shall give notice to Bprro%er 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 />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 result in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the aght to reinstate after <br />acceleration and the right to bring a court action to assert the non- <br />existence of a default or any other defense of Borrower to <br />acceleration and code. If the defimh is not cured on or before the date <br />specified in the notice, Lender at i ^s option may require immediate <br />payment in full of all sums secured by this instrument without <br />further demand and may invoke the power of sate and any other <br />remedies permitted by applica'bk law. Lender shall be enrided to <br />collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 11 inclWing, N4 not limited to, reasonable <br />attorneys' fees and cosh of tine 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 located <br />and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other nrrsenc n ,,,,,ibed b, <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 />Proscribed 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 Trustee's deed shall.be prima facie 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 applicable law and <br />reasonable attorneys 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 />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 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 rents, including, but not limited to, <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />l� <br />HUD - ?21 f3DT -1 <br />J <br />7 <br />I - <br />i <br />tQ " <br />i!1 <br />r <br />