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MWI <br />I <br />L <br />:s <br />4E <br />event of loss Borrower will give immediate notice by mail to the <br />leader. who may make proof of loss if not made, promptly by <br />Borrower. and each iaturaace company oancemed is hereby <br />authorimd attd directed to make payment for such loss directly to <br />the Lender instead of to the Borrower and the lender jointly, and <br />the uuuranoe proceeds, or any part thereof, may be applied by the <br />Leader 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 cf the <br />indebtedness secured hereby, all right, title and iatesr A cf.the <br />Borrower in and to any insurance policies then in f-.= shall pas. to <br />the purchase or grantee. <br />9. That asadditional and collateral security for at -p ft <br />note described, and an sums to become due under 0 m. <br />the Borrower &achy assigns to the Lender all pmt;; <br />royalties. cgJrts and benefits accruing to the BorroA�.,,i�&-"rA' ag <br />all oil and gee, leases on said premises. with the right c:� zaitie tsad <br />receipt for ft saran, and apply thein to said indebtaL--s�n; well <br />before as after default in the conditions of this instrucrect, and the <br />Lender may demand. sue for and recover 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 premists <br />0 good repair, and neither commit nor permit waste upon said lant <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 />tlae power of eminent domain, or acquired for a public rue, 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 />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 Betr3wer further agrees that sltnuld this instrument and <br />(Ile note secured hereby not be eligible fez insurance under the <br />National Housing Act within eight months from the drte hereof <br />(written statement of any officer of the Department d Dousing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban IL-,elopment dated subsequent to the eight months' time <br />from the t.Vta( this instrument, declining to insure said note and <br />)iris mciryage, being deemed conclusive proof of such ineligibility), <br />Ikea Lender or holder of the note may, at its option, declare all sums <br />uxured 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 rmttit the <br />mortgage insurance prew.um to the Department of lfoining and <br />>ilifsan Development. <br />13. That if the Borrower falls to make any payments of money <br />when the same brcome due, or fails to conform to and comply with <br />f <br />89- ILOO941 <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 ogee become due and payable, at the election of the <br />tender. <br />Leader shall give notice to Borrower 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 tfte.a-.vw' -ji given to Borrower, by which <br />the default must be cum a4,?;l: :fit :sat failure tar. acre the default on <br />or before the date s is the notice may result in acceleration <br />of the sums secured 4 tf instalment and sale of the Property The <br />notice s, 1 further ir�t, Borrovmr of the right to reinstate 4&r. <br />acceleration and the r, s to b'rwg a court action to assert the nco+ <br />existence of a dda"; or a.F 'j;$2ft, ddense of lkrmwer to <br />acceleration and sat it tP¢e . i is not Q= i co,or before the date <br />specified in the notice, lender a7.1Cc n?n� Caro <br />payment in full of all sums secured isgr diL�, iostrriment without <br />further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Leader shah be entitled to <br />collect all expenses incurred in pursuing the rem lam provided in <br />this paragraph 13, inching, but not limited ta.•r.onable <br />attorneys' fees and cash of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of <br />default in each courtra. 41 which any part of the Prspeny is located <br />and shall mail copies (A such notice in the manner prescribed by <br />applicable law to Borrrwer and to the other persons prescribed by <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 />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 [he notice of sale <br />in one or more parcels and in any order Trustee determines. Tristee <br />may postpone sale of all or any parcel of the Property by public <br />announcement ar the lime and place of any previously scheduled <br />sale. Lender q7 a'-v d igtte+ may purchase the Prrcpeny at any sale. <br />Upon recn j;t oil ga ment of the price bid. Trustee shall deliver to <br />the purrita-ves Trustee's deed conveying the Properly. 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 crier. (4) to all expenses of the sale, including, but <br />not limited te. Ssjare s (r:rs as permitted by applicable law and <br />reasonableajT.arseys' 4M. 0) to all sums secured by this Security <br />Instro'10M.: add (ci any citrus to tfte person or persons legally <br />entitird tq•u: <br />14. U12011 ucceleratioa under paragraph 13 or abandonment of the <br />Property; •[eider (in person, by agent or by judicially appointed <br />receiver) slixfl be entitled to enter upon, take possession of and <br />manage the Preperty and to collect tite rents of the Property <br />including those past due.. Any rents collected by Lender or the <br />receiver shall be.appliuf first to payment of the costs of management <br />of the Property and wllwii n of rents, including, but not limited to. <br />receiver's fens, premium on receiver's bonds and reasonable <br />attomey's fees. and then to the sums secured by this instrument. <br />Page 3 or 5 <br />' % !V143t3T 1 <br />T f <br />*r <br />A <br />