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L <br />L <br />1 <br />Lender. in event of loss Borrower will give immediate notice by <br />nail 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 insurance proceeds, or any part thereof, <br />may be applied by the Lender at its option either to the <br />reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property damaged..In event of <br />foreclosure of this instrument or other transfer of title to the <br />mortgaged property in extinguishment of the indebtedness <br />s rred hereby, all right, tide: and interest of. the Borrower in <br />and to any insurance polidm then in force shall pass to the <br />purchaser or grantee. <br />9. Thai as additional and coltaterat•s&vAty for the payment <br />of the note described, and all sums to become due under this <br />instrument, the BorrowaT hereby assigns w the Lender all <br />profits, revenues; royalties; ssghts a2-'Ixneflis accruing to the <br />Borrower under any and as:oil ard;S.: leases on said premises, <br />with the right to receive an4l.regeipi fasthe same and apply <br />them to said indebtedness as well. Wore as after default in the <br />conditions of this instrutmnt* and the Leader may demand. sue <br />for and recover any such•p4ments when due and payable, but <br />shall not be required so to z�3. This assignment is to terminate <br />and become null and void urn release of. this instrument. <br />10. That the Borrower will keep-thc buildings upon said <br />premises in good repair, and neither commit nor permit waste <br />upon said land, nor suffey,whr said premises to be used for any <br />uniswful purpose. <br />y 1. That if the premises, „r any pax: thereof, be condemned <br />under the pave- of eminent domain, o,- acquired for a public <br />rue, the damagr. zra•X-da:1, the proceeds for. the taking of, or <br />the consideration for su: h 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 Borrow.-r to the Lender. and shall be paid forthwith to <br />said Lender is be applied by the latter on account of the next <br />maturing in- w%;finents of such indebtedness- <br />1 2 ilih-Borrower furthe' gees that should this instrument <br />and dar note secured hereby not -be eligible for im ;uuKce under <br />the National Housing Act within eight months from the date <br />hereof (written statement of any offio:- of the Department of <br />Housing and Urban Development or authorized agent of the <br />Secretary of Housing a:,d Urban Development dated subsequent <br />to the eight months' tacos from the date of this instrument. <br />declining to insure said note and this mortgage. being deemed <br />conclusive prOaf of 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 fort ,wing, <br />this option may not be exercised by the Lender or dte holler of <br />the note when the ineligibility for insurance under the national <br />Housing Act is due to the Lender's failure to remit the <br />mortgage insurance premium to the frg5inment of Housing and <br />Urban Development. <br />13. That if the Borrouww faits to make any paymer rs of money <br />when the same becom: clue, or fails to conform to and comply <br />with any of ttxe conditions or agreements contained in this <br />instrument, or tLe note which it secures, then the entire <br />principal smat and accrued interest shall at once become due and <br />p Able. at the election aP the Lender. <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 shall <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 (Q that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums <br />secured by this imemiment and sale of the Property. The notice <br />shall further inform- Borrower of the right to reinstate after <br />acceleralkom, ",the_ right to bring a court action to assert the <br />non- e.Lstzen=at: adefault or any other defense of Borrower to <br />acceler ftm alb. -.te. if the detw.tlt is not cured on or before <br />the date specified in tiie cowve,' der at its option may require <br />immediate paymem.Za OUR oYz:� su m' secured by, this <br />instrument without CWLer demand grid may invoke the power <br />of sale and any other remedies p,;tted by applicable law. <br />Lender satall be entitled to collect all expenses incurred in <br />pursniag die remedies provided in this paragraph 13, including, <br />but not limited to, hksonable attorneys' fees and costs of title <br />evidence•: <br />If the peXer of sale is invoked, Trustee shall record a notice of <br />default ineach 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 taw to Borrower and to the other <br />persons prescribed by applicable law. After rite trine required by <br />applicable law, Trustee shall give gufilic notice of sale to the <br />person:: and in the manner prescabef by applicable law, <br />Truster without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and <br />under the terms designated in the notice of sale in one or more <br />parcels and in any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of the Property by public'- <br />announcement at the time and place of any previously schetfuled <br />sale. Lender or its designee may purchase the Property at any <br />sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the <br />proceeds of the sale in the following order: (a) to all expenses of <br />the sale. including, but not limited to. Trustee's fees as <br />permitted by applicable law and reasonable attorneys' fees, (h) <br />to all sums secured by this Security lnstrument; 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 receiver) shall be entitled- to enter upon, take <br />possession of and manage,she Finpevty and to collect the rents <br />of the Property including thtm& p�,.: due. Any rents collected by <br />Lender or the receiver ~trail be applied first to payment of the <br />costs of management of the Property and collection of rents, <br />including, but net limited to. receiver's fees, premiums on <br />receiver's bonds anti reasonable attorneys' fees, and then to the <br />sums secured by this instrument. <br />Pago 3 or 5 /� !)•9214 a •1 <br />J <br />7 <br />J <br />r <br />G� <br />i.. <br />i� <br />t. <br />r,• <br />n <br />