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.f <br />I <br />r <br />t <br />F <br />L <br />Lender. in event of loss Borrower will give immediate notice by <br />mail to the Lender, who may make proof of loss if not made <br />promptly by Borrower, and each insurance Company concerned <br />is hereby authorized and directed to matte payment' for such loss <br />directly to the Lender instead of to the Borrower and the <br />Lender jointly, and the insuraao= imoceeds. or any part thereof, <br />may be applied by the. Le ndez'at its option either to the <br />reduction of the indebtediess benbY secured or to the <br />restoration or repair.'- oft- he.prat r:!' damaged. In event of <br />forie,q tsure of this iira= trument or 'C Lhar trans fer of title to the <br />mcma3ged, property in extinguis!-,mq,�y of the indebtedness <br />smured b='eby, all right, title anss'13erest of the Borrower in <br />and to any itrsn:.rarrce Olicies their''= force shall pass to the <br />purchaser or gratrtee.: <br />9. That as additkradi' acrd cAxoral security for the payment <br />of the note described, to become due under this <br />instrument, the BorraRe , het"pV assigns to the lender all <br />profits, revenues. res ;ryes, TWVh ; and benefits accruing to the <br />Borrower under aap'A O' all ail and gas leases on said premises, <br />with the right to recciva 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 demands sue <br />for and recover any such payments when due and payable, but <br />shall not be requir j so to do. This assignment is to terminate <br />and become null a.,jAbraid jgwn release of this instrument. <br />10. That the Borw.ry ,Nil' lw* the buildings upon said <br />premises in good rep&...:andneither commit nor permit waste <br />upon said land, the said premises to be used for, any <br />unlawful purpose., <br />11: That if the -;en t1M, or any part thereof, be condemned <br />undth: tine power of ¢atinent domain, or acquired 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 />which it is given to secure remaining unpaid, are hereby assigned <br />by the Borrower to the Lender, and shall be paid forthwith to <br />said Lender to be applied by tt a titter 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 eligib)t for insurance under <br />the National Hout,ioa Act within eight months from the date <br />hemof•q�written statement of any officer of the Departm:nt of <br />Housing and Urban Development or authorized agent of she <br />Secretary of Housing and Urban Mvelopment dated sub3dj"nt <br />to the eight moMM time from the date of this instrument. <br />declining to inswe said note and this mortgage, being deemed <br />conclusive proof oC such ineligibility), the Lender or holder of <br />the note may. at its option. declare all sums secured hereby <br />immediately due and payable. Notwithstanding the foregaing, <br />this option may raa be exercised by the Lender ur the hvl+:er of <br />the note when Wa ineligibility for insurance endY the National <br />Housing Act is duce to the Lender's failure tr remit the <br />mortfitge insurance premium to the Department of Housing and <br />Urban Development. <br />13. That if the Borrower feiI3 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 intert5t shall at once becom: due and <br />payable. at the election of the Lender. <br />lag w 1:007 -7 <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in <br />this instrument (but not prior to acceleration under paragraph <br />12 unless applicable law provides otherwise). The notice shat? <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 />serumd. by this instrument and sale. of the Property. The notice <br />dial' Ember inform Borrower of the right to reinstate after <br />ac rzration and tk-v right to bring a court action to assert the <br />�.a.f a default or any other defense of Borrower to <br />had =tiraa =d sale. If the default is not cured on or before <br />'wse:d� 3r pa in the notice, Lender at its c+ptien may.require <br />imtitediafe Tnent. in full of all sums secured ly this <br />in ;_ <br />strument:a -out further demand and ms� a<!oke th .wet <br />of sale and, any other remedies permitted ty applicable law, t. <br />Leoder shall be entitled to collect all expenses incurred.t- <br />p ss Ping the remedies provided in this paragraph 13, �si,: rag, <br />� <br />b;d,= t limiseA *_o, rgasgnahle attorneys' fees and COO,,.- 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 press^ bed by applicable law. After the time required by <br />applicable law, Trustee shall give public T611ce of sale to the <br />persons and it it manner prescribed b3:.ipplicable law. <br />Trustee, withaim amand on Borrower, 'shall sell the Property at <br />pti i z suction Toy' the !ii�as: bs3��er at the time and ply: and <br />unde: the te-.m5 designated s : +ae notice of. sale in a:<<q gr more <br />-parcels and in aay order Trustee dete:MZuer T uVt4.°.' :s•{ <br />postpone sakv ed all or any parcel of the. n;pE?ty s t, p Alic <br />announcement at the time and place of any pre;�a�rr: ss htduled <br />sate;. Lender or its designee may purchase the Property"at any <br />sate. <br />Upon receipt of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conw ing the Property. The <br />recitals in thr Trustee's deed shall be prima facie evidence of the <br />:ri:.;i of the statements ma4e therein. Trustee shall apply the <br />proaAz: of the sale in the Cullowing order: (a) to all expenses of <br />ata r i:. including, but not limited to. Trustee's foes as <br />pemm ,jed by applicable law and reasonable attorneys' fees; (b) <br />to all sums secured by this Security Instrument; and (c) 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 r t elver) 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 stall 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 />sutras secured by this instrument. <br />Page 3 of 5 HUD - 9214300 -1 <br />� J <br />t <br />i. <br />I <br />