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t :Mess Borrower will give immediate notice by mail to the <br />IMS ; 4%ft May make proof of loss if not made promptly by <br />C.a er atd each insurance company concerned is bereby <br />&Xb, * i and directed to make payment for such loss directly to <br />ft Lender instead of to the Borrower and the Leaderivintly, and <br />the insurance proceeds, or any pan thereof, ma be apnp'ied by the <br />!render at its option either to the reduction el'tb-e&t &,btedness <br />hereby secured or to the restoration or zepair of the property <br />damaged. In event of foreclosure of ttffs incamment or other transfer <br />eftitte to the mortgaged popperty in exarguishment of the <br />ir4e,'a� seru-ed hereby, nil right, title and interrest of the <br />Rrsr oww is and zo any insurance policies then in farce s'ATa past i" <br />tilt PC.- chaser orgrantee. <br />q. That as additional and collateral security for the peynient of the <br />nra,s described, 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 any 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 .elease of this . <br />instrument_ <br />10. That the Borrower will keep the buildings upo: •,rA premises <br />in good repair, and neither commit nor permit was.:e ep,n said land, <br />omr surfer the said premises to be used for ary !::as�Q1 purpose. <br />1 1. That if the premises, or any part thereof, be con'r.mned under <br />ttra power of eminent domairi, or acquired for a pats! is tee. the <br />dazrages awa-ded, the proceeds for the taking of, cr A.,e. <br />consideration for such acquisition, to the efrient of dire TO) amount of <br />indebtedness upon this instrument and the ewe ;� rarer, it is given ti>i <br />secure remaining unpaid, are hereby assjrz�ei: L- due &'Iz wer to <br />Lender. and shall be paid forthwith to said Lender tor .lie till-plied by <br />the latter on account of the next rnaturing instailmerfm of such <br />indebtedness. <br />12. The Borrower further a`:.ees that stiaul d this instrument and <br />the note secured hereby not roe e:ij�ye for ice wince under the <br />National Housing Act within o:gtr. sa..ttts from the date hereof <br />(written statement of any officer of the 05cpartment 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 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 pay -Mile. Notwithstunding the <br />foregoing. this option may not be exercisd 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 temit the <br />mortgage insurance premium to the Department of Kuutintr and <br />Urban Development. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to -std amply with <br />1 <br />89 <br />101084 <br />any of the conditions or agreements contained in this instrument, or• <br />the note which it secures, then the entire principal $urn and accrued <br />interest shall at once become due and as.ft.cfection of the <br />Leader. <br />Lender shall give notice to iw Cleratioa' <br />folio T �.rr+�w '� fit ofaif Covenant 0 moment in this <br />hs- t ('put no', prior to.. a ion under partgaph 12 unless <br />$FPTiatblz,'i3� <br />-des 71C iit7aeraise). 7l lte.notice "t t specify: (a) the <br />tau!2; `(1,� tike taFbn.requirec? 7o:twna site dofau?t fa) a date, not less <br />•thau-304ays front ¢lta tTate. FOv ct. is given .to ;, borrower, by which <br />the deep, It must be attest;, t,zd (d} tl a I cis to rate the default on <br />or before the date spewed in the not£ee: s*. ay: r0� 'X.irt acceleration <br />of the sums secured by this instrument and "W,, -au the Property. The <br />notice shall further inform Borrowev.ref.�e q,79'S0 to reinstate after <br />acceleration and the right to bring a 4 . s; 'action to assert the non - <br />existence of a default or any other d4ehsc of Borrower to <br />acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender 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 ether <br />remedies. permitted by applicable law. Leader shall be entitled to <br />called "P incurred in pursuing the remedies provided in <br />a` s pv*' aph 13. including, but not limited to:: rea sonable <br />a 6m, 1!' fees and costs of title evidence. <br />o <br />If the power of sale is invoked. TrrLicw shall record a notice of <br />default in each count;A in which anypan of the Property is located <br />and shall mail copies of sash 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 tun persons and in the manner <br />prescribed by applicable law. True: ft without demand on Borrower. <br />shall sell the Propert!+ at public aum -o-n to the highest bidder at the <br />lime and place and under the terns designated in the notice of sale <br />in one or more parcels and in an order Trustee determines. Trustee <br />may postpone sate of all or aa, fa. et of the Property by public <br />announcemient at the time and Playa of any previously scheduled <br />sale. Le kr or its designee may ,purchase the Property at any sale. <br />Upon receipt of W9mt aac -if the price bid. Trustee shall deliver to <br />the purchraxr Trustee's desk wavrying the Property. The recitals in <br />the Trustee's deed sbail be pTICZ& &7e evidence of the truth of the <br />statements made therein. Trustee shall apply the proweds of the sate <br />in the following order.• (fj to all expenses of the sofa, including, but <br />not limited to. Trustees f &-; as permitted by applicable law and <br />reasonable attorneys' fees; (b) to 2!1s-, ms secured by this Security <br />Instrument; and (c) any excess to the person or persons legally <br />entitled toy t. <br />14. "d,-r paragraph 13 or abandonment of the <br />Prope:,,. Lender (in pwsa), by agent or by judicially appointed <br />f='-Vac) she!l be entitled to err^ :r u ;for., take possession of and <br />rsanap: tE;i! Property and to cel;:rs,1f . vents of the Property <br />cncludirg thow past due. Any re:':s colfected by Lender or the <br />recv; vet s':a:l be apf,8ua& first to payment of the costs of management <br />of the Property and oo. "jam-f r. ,oa reno , including, but not limited to. <br />rea°.;�ea's fees, premiu;as orr rew,ver's bonds and reasonable <br />attorneys fees, and then to the sums secured by this instrumtm. - <br />Page 3 of 5 <br />L <br />A <br />b <br />. �..r <br />r � <br />4 <br />L <br />J <br />i . •sue <br />1, <br />M <br />pP .. <br />