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r <br />L <br />event of Ions &ff- -, ver will give immediate notice by mail to the <br />Lender. who may matte proof of loss if riot made promptly by <br />Borrower, and each insurance company concerned is hereby <br />authorzed acid dirt to make payment for such loss directly to <br />the Lender instead of 0 the Borower sad the Lender jointly, and <br />the insurance praceeda,or any part thereot may be applied by the <br />Leader at its opffm either t�, the reduction of the indebtedness <br />hereby secured or. to the resWaation or repair of the property <br />daamgcd,. In event of foreclosure cf this instrument or other transfer <br />Of title to the mortgaged property iR extinguishment of the <br />indebtedness secured hereby, all right, title and interest of the <br />Borrower in and to ariy ineutrance policies then in force shall pass to <br />the purchaser or grWOM <br />9. That as additir -" and eolla:eratsecurity for the payment of the <br />note dexter aardt all suns to become due under this instrument, <br />the % t:ower bereby 46 igas to the Lender all profits, revenum <br />royal&sy rights and benefits accruing to the Bomwear under any and <br />ajl CZ Wa igas leases on said pren'.ises, with the :fit to receive and <br />t? x fix- the some and apply ftm to said indeaWness as well <br />i�e�ac*e i fter default in the condii of this instrument, and the <br />1e66ac M' Ay demand, we for and recover any such payments when <br />due ala payable, but shall not be required so to do. This assignment <br />is la Tva iaate and become null and void upon release of this <br />ins cM . <br />M IM-111111C BoMWU will keep the buildiass Win said premises <br />in good repair. and neither commit not permit wVz upon said land, <br />nor sdterft said premises to be used for any unlawful purpose. <br />I I. Th2l if the premises. or any pint thereof. be condemned under <br />the power of eminent domain, or aNuired 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 unpaid, are hereby assigned by the Borrower to the <br />tender, 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 tft should this instrument art <br />the note secured hereby not be e4,.t ,- 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' tine <br />from the date of this instrument, declining to insure said note v:d <br />this mortgage, being deemed conditt re proof of such ineligibeity /, <br />the Lender or holder of the note rr. %' a; its option. declare all sums <br />secured hereby immediately due and rz table. Notwithstanding the <br />foregoing, this option may not be w ranw;W by the Lender or the, <br />holder of the note when the inelig�hist.j for insurance under th,s <br />Natio%-a Mousing Act is due to the, L ndees failure to remit the <br />mongag; imurance premium to the Department of Housing and <br />Urban Devv):y -t. <br />13. That if the Bcnr* M ar fails to make any payments of money <br />when the same becorre date, or faits to conform to and comply ..b <br />1 <br />89-- 10®878 <br />any of the conditions or agreements contained in this instrumen4 or <br />the note which it secures, then the entire pnzncipal 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 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 naive 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 Cie 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: tire notice may result in acceleration <br />of the sums secured by this ihit6atent and sale of the Property. The <br />notice shall further inform Bb"6"Wer of the right to reinstate after <br />acceleration and the right to brim a court action to assert the non- <br />existence of a default or any ctheidefense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date <br />sp —__iffM in the cctfcc, Lender at its option. may require immediate <br />payment in full of all sums secured by this .itim ment without <br />further demand rind may invoke the power of sale and any other <br />remedies permitted by applicable law_ Lender stall be entitled to <br />Collect all exlrenses incurred in pursuing the remedies provided in <br />this paragraph 13 including, but not limited u% reasonable <br />attorneys' fees aM c',sts of title evidence. <br />tires_ power ew slr €s to oketf•,. Trustee shall record a notice of <br />defa.Ar, ut each xarrq'_ in whirls any pan of the Property is located <br />and sliall mail c: p� of such notice in the manner prescribed by <br />applicable law to Borrower and to the other prisons prescribed by <br />applicable law. After the time required by &LWicable law. Trustee <br />shall give public notice of sale to 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 designwxd in the notice of sale <br />in one or more parcels and in any order Trjria: determines. Trustee <br />may postpone sale of all or any parcel of tas• Pwperty by public <br />announcement at the time and place of arc ,, viously scheduled <br />sale. Lender or its designee may purchase tha Property at any sale. <br />Upon receipt c1 pt w:nent of the price bid;, Ymstee shall deliver to <br />ft purchaser Trus 's deed conveying tka R- uperty. The recitals in <br />lte Vrastee's deed shall be prima ftt.ie evidenx of the truth of the <br />=l=uns made therein. Trustee shall apply the proceeds of the sale <br />give the following order: (a) to alt erpenses of,tlte save. indu&-U4, but <br />not limited to. Trustee's fees as per m,"ed b aWv %cable law and <br />reasonable attorneys' fees; (b) to a1. =._:,m 5a:,ta:rtd by this Severity <br />Instrument; and (c) any excess w cb.: cr7 persons legiiiy <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person, by agent or by ja-icially appointed <br />receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to col:oct the rents of the Property <br />including those past due. Any rents collected by Lender or the <br />recei � er 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 suns secured by this instruramt. <br />Page 3 of 5 <br />IM-92143DT -1 <br />l..r. <br />r' <br />i= <br />ife <br />f � <br />Y <br />tr � <br />-J-- <br />s <br />