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?+. 7 <br />1 <br />� P <br />89-- 100982 <br />event of loss Borrower will give immediate notice by mail to the <br />Lender. who may make proof of loo if not 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 finder instead of to the Borrower and the Lender joictly, wad <br />the r--c.rance proceeds, or any part thereof, may 'ti appfiew b► the <br />li °r <br />-at its option either to the reduction of the indebtedrim- <br />bmbp secured or to the restoration or repair of che property <br />darsaa,. In event of foreclosure of this instrument or other transfer <br />of title to the mortgaged property iv extinguishment of the <br />indebtecinas secured hereby, all right, title and interest of the <br />Borrower in znd to any insurance policies then in force shall pass to <br />the purchaser or grantee. <br />9! DW as additional and collateral security for the payment of the <br />Rz &scribed. and all sums to become due under this instrument. <br />the Borrower hereby assigns to the Lender all profits, revenues, <br />royalties; rights and benefits accruing to the Borrower under a-.. and <br />all oil and gas leases on said premises, with the right to receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as after default in the conditions of this instrument, 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 premises <br />in goat repair, and neither commit nor permit waste uper, saiz land, <br />nor suffer the said pTernises to be used for any unlawful purpose. <br />11. That if the premises, or any pan 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 amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid. are hereby assigned by zaz ibrrawer 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 sa4h <br />indebtedness. <br />12. The Borrowc: feather agrees that shout:[ tG.i: instrument and <br />the note secured hereby not be eligible for ir• urzs•.cr under the <br />National Housing Act within eight months :•ro_r.:Ue date hereof <br />(written statement of any officer of the Depa m_�nt 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, We ng deemed conclusive 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 option may not be exercised by the Lender or the <br />holder of the note airy: n the in- !sgibility for insurance under the <br />Naiionaa Housing Ac: 13 do.- to Ifir Lender's fa:ture to remit the <br />mortgage insurance'p-emium to th.- Depanmc-r of Housing and <br />Urban Developa:eT t. <br />13. That if the Borrower fails to make any pars :• of money <br />when the same become due, or fails to conform to and comply with <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 once become due and payable, at the election of the <br />Lender. <br />!.ender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />itsmunent (but not prior to acceleration under paragraph U unless <br />applicable law provides otherwise). The notice shall speAcify: (a) the. <br />default: (b) the azrion required to cure the default; (c) a date, not lets <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be cared. and W that failure to cure the default on <br />or before the date specified in the notice may result in acceleration <br />of the sums secured by this inst anent rzd sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to firing a warn action to assert the non- <br />existence of a default or any outer deL=a dt Borrower to <br />acceleration and sale. If the default is nc -LL c::red on or before the date <br />spei ifiral in tire notice, Lender & its opt o,. may require immediate <br />pa)-mmt in full �.i all sums severed by this Listiumeril without <br />fir b.-r demari -DL may invoke the power c, sale and any other <br />remedies permute: irr: a�glicaNln. law. Lcr, e7 shall be entitled to <br />vol5rct all expens:y i,W.Irre`.. '2 fl rsuirig 1:e remedies provided in <br />this paragraph 13. including_ 6:4 not limiter to, reasonable <br />attorneys' fees zs-d costs of title evideno_ <br />if the power of sale is invoked, Trust -. scroll. record a notice of <br />de.`wult in each county in whid�. :::ly part of the Pmperr y is located <br />and shall mail copies of such r..a lee in the manner pressmbe3 by <br />applicable law to Borrower arid to the outer 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 pub; vd.Iction to the highest bidder at the <br />time and place and under the Mims designated in the notice of sale <br />in one or more parcels and in any order Tri atee determines. Trustee <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 iius designee m4v purchase the Property at any sale. <br />Upon receipt of payment cf the price bid. Trustee shalt ?:'aver to <br />the purchaser Tnr:aee's deed conveying the Property. The -=imis in <br />the Trustee's deed shall be prima facie evidence of the truth of the <br />statements; made therein. Trurne shall apply the proceeds of the sale <br />in the following order: (a)10- ll Expenses of the sale, including, but <br />not limited to, Trustee's fe.s ds permitted by applicable law and <br />reasonable attorneys' fat* 0, t1,1 all sums szoared by this Security <br />Instrument; and (6 art (r s. .a the persor. ur persons legally <br />entitled to ii, <br />1.3. Upon aect,urrs ten uR.1 pwagraph 13 or abandonm:nt of the <br />Property, lender f •:n person, i y:; tent or by judicially appointed <br />mweiver) shall be ar?iticd to e: to :* upon, take possession of and <br />manage the Property and to co! Mt the rents of the Property <br />including those past due. Any revs collected by Lender or the <br />rev.,wrar shall be applied first. to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, <br />receivees fees, premiums or; receiver's bonds and reasonable <br />atturnuy's (ties, and then to cif.: sums secured by this instrument. <br />Pace 3 of 5 i <br />l� <br />HUD- 92143OT -1 <br />I <br />t <br />�t. <br />r <br />f+ <br />