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L <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, w)Wmsy make proof of Ian if cat 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 Burrower and the Lender jointly, and <br />the insurance proceeds, or any past thereof, may be applied by the <br />Lender at its option either fxf d*- mquetion of the indebtedness <br />hereby secured or rn the rqAarviro: ri repair of the property <br />damaged. In event c. Cerra : + `14�s instrument or other transfer <br />of tick to the moriga8e L =.fit: i, extinguishment of the <br />indebtedness secured h etieL� ,4.1 r{ li, title and interest of the <br />Borrower in ad to any initmw� policies then in force shall pass to <br />the purchaser or grantee. <br />9. That as adddoval and eclZaferal security for the p ay-=t of the <br />notedescnbed, and all sums to become due v.�wee this im9rar=t. <br />the.l3r,=wet Itert;Uy assigns tc tie- Leader a;v:.pm-Lts, reveones <br />rotabrrx.r*3is Md benefits accruing to the fewer under any and <br />rxey f;;s tat e. and apply them to said indebtedness as well <br />bebv -, default in the conditions of this instrument, and the <br />LewhrL i;ky demand sue for and recover any such payments when <br />due'aa& payableV t-,trtshall not br required so to do. This assignment <br />is to terminate =t become null and void upon release of this <br />instrument. <br />10. That the Borrower will kmp the buildings upon said premises <br />in good repair, and neither commit ror permit waste upon said land. <br />nor suffer the said prr:tnt ices to 1, -rsed for sny unlawful purpose. <br />11. That if the pp- MIses, or any part thereof, be condemned under <br />the power of eminent domain..nr 2cquired for a public use, the <br />damages awarded, the proceat fist the taking of, or the <br />consideration for such acquisitica, 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 Harrower to the <br />Lender. and shall be paid forthwith to said Lender to he 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 in:trumcnt 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 />Urtran 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 thhi ; instrument, declining to insure said note and <br />W& mortgage, Won deemed conclusive proof of such ineligibility). <br />the Leader or ladder of the nog: 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 tender 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 />nwgtge insurance premium to the Department of Housing and <br />Urbao•Development. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to con form to and comply with <br />1 <br />any of the conditions cr agree nents contained in this instrument. or <br />the note which it secures, thxu the entire principal sum and accrued <br />interest shall at once Dome due and payable. at the election of the <br />Lender. <br />Lender shall give notice u3 Borrower prior to acceleration . <br />following Borrower's breach ofany 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 curry the default; (c) a, date. not less <br />than 30 days from the date the notice jr, gitten to Borrower, by whig*.. <br />the default must be cured; and (d) that failure to cute the default ej. `.. <br />or before the date specified in the notice may result in.a0yieratiort <br />of the sums secured by this instrument and sale of the btprty. Thee <br />notice shall further inform Borrower of the right to cei after <br />acceleration. arm the right to bring a court ad -.W -to assert the non <br />existence of a rl J%wit or any other dder,se, ,,)h8zr.•orsi to <br />*Clemtion anilsale. ffd=default is not':a ee :z -fit tore the date <br />apecilied in toe notice, i a ss at its opt'MV .�,,.� rebus: i,'t; mediate <br />payment in full of all surtmar =red bycd; stun -umbel ',iiout <br />further demand'and may invoke the pciqt safe and any other <br />remedies permitted by applicaVe law. f enter shall be entitled to <br />collect all expenses incurred .ii pursuing the remedies provided in <br />this paragraph 13, including, Matt not limited to, reasonable <br />attorneys' fees and costs cF. WEe evidence. <br />If the pewit [sale is iavoked. Trustee shall record a notice of <br />default in each tx:unty i.-t tctr:.ch any pan of the Property is icwMted, . <br />and -shall mail copies. of suctr i otice in the manner presmbe4 U;, <br />applicable law to Borrower and to the other persons prescnbedJo} <br />applicable law. After the time required by applicable law, Trus=e <br />shall give public notice of sale to the persons and in the manner .. . <br />prescribed by applicable law. Trustee, without demand on Borroawa. <br />sball sell the Property at public auction to the highest i3iki at the <br />time and place and under the terms designated in the tau sae. s. <br />in one or more parcels and in any order Trustee determirtes. Tnrzx <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 safe. <br />Upon receipt of payment of the price bid Trustee strait deliver to <br />the purchaser Trustee's deed conveying the Prop:rty.Thc recitals in <br />the Trustee's dad 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'ilse <br />Property, !.ender (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 thesis past due. Any rents collected by Lender or the <br />receiver shall `e applied fir., to payment of the costs of franagement <br />of the Property and colleen +.m of rents, including, but nutlimited to. <br />receiver's `ems. premiums on receiver's bonds and reasonable <br />attorney's tee;;, and then to the sums seatred by this instrument. <br />Page 3 of 5 <br />L <br />Ll ) g, , <br />W, <br />Y <br />i <br />