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1 <br />-- 8.0 — <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss if not made promptly by <br />Borrower, and each insurance company concerned is hereby <br />authorized and directed to mike payment for such loss directly to <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the insurance proceeds, or any part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured.or to the restoration or repa; r of the property <br />damaged. In.%'=2 of foreclosure of this in��.tr ent or other transfer <br />of tide to thli z„s ed property in extirr-. ish cent of the <br />it°aeas se�ie.:ed hereby, atl right, title aad interest of the <br />Socr-.%>w in and to any insuzance policies then in force shall pass to <br />the purchaser or-grantee. <br />9. That as ad 4e&A and <br />,ccLateral security for the paymo�t.of tlu: <br />now.described, ari► aG surf=s co become due under this r,:nt, <br />t�ie iBonrower hereby assigns .�.t, & lender all profits, revenues, <br />-- - - - - - .. *-zQLs its, rights and benelits:=.uing to the Doi tower under any and <br />.z +: bil and gas leases on said premises, with the right to receive and <br />receipt for the mmv. and apply them to said indebtedness as well <br />before as after d%fault in the conditions of this instrument, and the <br />Lender may demand, sue for and recover any such payments when <br />due and payai:e. but shall not be required so to do. This assignment <br />is to termine'.zr cart.* become nu &D and void t:pon release of this <br />instrument. <br />1. <br />• 1 <br />a -F <br />_ IS <br />1 <br />Y <br />L <br />V& That the Borrower will km,,? the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said land, <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 />the power of eminent domain, or acquired 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 a+ ;punt 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 />under, and shall be paid forthwith to said Lender to be apl_31011;,i. <br />tha ll -Iter on account of the next maturing installments of sutJ <br />inhl.�redness. <br />12. The Borrower further agrees that shoed this instrument 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 />Urban 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 this instrument, declining to insure said note and <br />this mortgage. being deemed oonclusive proof of such ineligibility). <br />the Lender or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />foregoing, this ort'on may not be exercised by the Lender or the <br />holder of the no<;e when the ineligibility for insinance under the <br />National Housing°4-C is due to the Lender's failze to remit the <br />mortgage insurance premium to the Department of Housing and <br />Urban Development. <br />13. That if the Borrower fails to make any payments of money <br />when the same bemire due. or fails to cpnform to and comply with <br />any of the conditions or agreements contained in this instrument, or <br />the note w.bn�_ it secure.$, then the entire principal sum and accrued <br />interest serif a. once become due and payable, at the election of the <br />LWd-T_ <br />Under SbmK �..e Wtta-z to Borrower prior to acceleration <br />fallowing 110-Mixivers si . f any covenant or agreement in this <br />instrument (but not pribt Ear,mveleration under paragraph 12 unless <br />applicable law provides cthra -rise). The notice shall specify. (a) the <br />default; (b) the action required to cure ih4 default; (e) a date, not less <br />than 30 days from the date the notices is gisim to Borrower, by which <br />the default must be cured; and (d) that W: m to cure the default on <br />or before the date specified in the aotf ~ r-.ay result in acceleration <br />c%he sums secured by this insuume^t sed: Sale of the Property. The <br />¢ratite shall further inform Borrower of tit-n i*� to. reitwtnte after <br />acceleration and the right to bring a the non- <br />existence of a default or any other defense of i6aiic.i;vz to <br />acceleration and sale. If the default is not cured an or b6ore the date <br />specified in the notice. Leader at its option may require immediate <br />payment in full of all sums secured by this instrument without <br />further demand and may invoke the power of sale and any other <br />remedies petted by applicable law. Lender shall be entitled to <br />colt - -r:t all expenses incurred in pursuing the remedies provided in <br />Ut is paragraph 13, includ;,r& but not limited to, remp aible <br />attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee sl�zll record a notice of <br />default in each county in which any part of the Property is located <br />and shall mail copies of such notice in the manner prescribed by <br />applicable law to Borrower 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 th-r terms designated in the amicc of sale <br />is one or more parcels and ir. any order Trustee deterinirm. Trustee <br />MV postpone sale of all or any parcel of the Property Icy public <br />=,nouncement at the time and place of any previously scheduled <br />sale. Lender or its designee may purchase, the Property. a !� any sale. <br />Upon receipt of payment' of tf c price bid, Truster skid). deliver to <br />the purchaser Trustee's dear cznveying the Property. T� -e. recitals in <br />the Trustee's deed shall be prima facie evidence of the troth of the <br />statement; made therein. Trustee shall apply the pmo*!s of the sale <br />it the following order: (a) to all expenses of the sale, including, but <br />not limited to, Trustee's fees as permitted by applicabl* lain &ad <br />reasonable attorneys' fees; (b) to all sums secured by tl;:,.13o;wfly, <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 the <br />Property. lender (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 those past due. Any rents collected by Lender or clip <br />receiver shall be applied first to payment of the costs of mimpmment <br />of the Property and collection of rents. including, but nut limittd to. <br />receiver's fees. premiums on receiver's bonds and reasonthbt+ <br />attorney's fees. and then to the sums secured by this irutturntnt. <br />Pace 3 of 5 <br />L <br />I <br />