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Lender. In event of toss Borrower will give immediate notice by <br />mail 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 make payment for such loss <br />directly to the Leader 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 />secured hereby. all right, title and interest of the Borrower in <br />and to any insurance policies then in force shall pass to the <br />purchaser or grantee. <br />9. That as additional and collateral security for the payment <br />of the note described, and all sums to become due under this <br />instrument, the Borrower hereby assigns to the Lender all <br />profits, revenues, royalties. rights and benefits accruing to the <br />Borrower under any and all oil and gas leases on said premier, . <br />with the right to receive and receipt for the same and apply . <br />them to said indebtedness as well before as after default in t! <br />conditions of this instrument, and the Lender may demand, <br />for and recover any such payments when due and payable. bLa. <br />shall not be required so to do. This assignment is to terminatr- <br />and become null and void upon release of this instrument. <br />10. That the Borrower will keep the buildings u;:n said <br />premises in good repair, and neither commit ncr permit waste <br />upon said land, nor suffer the said premises to be used for ata5 . <br />unlawful purpose. <br />11. That if the premises, or any part thereof, be condemner <br />under the power of emirtent domain, or acquired for a public <br />use, the damages awanitd, the proceeds for the taking of, or <br />the cenvdr - -tti0a &r•ruch acquisitica -to the extent of the full <br />ameuat of"jndelitriditjws upon this ivarttment and the note <br />which it is, green t i ire remm ng unpaid. are hereby assigned <br />by the Borrower iJ tlse Lender, and shall be paid forthwith to <br />said Lender to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br />12. The Borrower further agrees that should this instrument. <br />and the note secured hereby not be eligible for insurance under <br />the National Housing Act within eight months from the date <br />hereof (written statement of any officer of the Department of <br />Housing and Urban Development or authorized agent of the <br />Secretary of Housing and Urban Development dated sut;.sequent <br />to the eight months' time from the date of this instrument, <br />declining to insure said note and tilis mortgage, being deemed <br />conclusive proof of such ineligibility), the Lender or bolder of <br />the note may, at its option, declare all sumn secured hereby <br />immediately due and payable. Notwithstanding the f:r.- .Soing. <br />this option may not be exercised by the Lender or tae hcldev of <br />:se nCle when the ineligibility for insurance under the riationain <br />Housing Act is due to the Lender's failure td 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 become due, or flits to conform to and corn; !y <br />with any of the conditions or agymments contained in this <br />instrument, or the note which it secures, then tie entire <br />principal sum and accrued interest shall at once: baxome due and <br />payable, at the election of the Lender. <br />f <br />89- 101122 <br />Lender shall give notice t,,� ER-rower prior to acceleration <br />following Borrower's breach cff:any covenant or agreement in <br />this instrurxteat (but not p,'io± ifs acceleration under paragraph: <br />12 unless applicable law prav;Ars otherwise). The notice shall <br />specify_ (a) the defautx; (b) oa action required to mire the <br />default; W a date. trot less Ong 30 days from the date the <br />notice is given to Hnorroweri W which the default must be cured; <br />and (d) that failure to c4rt.0eit default on or before the date <br />specified in the notice may rmirit in acceleration of the sutra <br />secured by this ins*r=eue and sale of the Property. The notice <br />shall further inform Barrawetk, of the tight to reinstate after. <br />acceleration and the right to erring a court action to assert the <br />non - existence of a defau,St ce any other deferme of Borrower to <br />acceleration and sale. If the.&.fault is not tetrad on or before <br />the data sped in the aota e. JAnder at. ice. aeon may require <br />im edict. payment in fuU 06-• 'gal ...Ms securer by this <br />melt nwAt without further &wr . -atid MaY':iitvoke the power <br />of salt:- and any other renrdilts permitted L-s 4pplicable law. <br />Le dar shall be eatiided to� ceLect all expenms fitcurred in <br />pursuing the rew4dies pro3jVxd in this paragttiph 13, including, <br />%ic cot lirnited to, rearoae.fi: attorneys' fees• wd costs of title <br />evidence. . <br />-if the power of sale is insrsfed, Trustee sh4 i record a actice of <br />default in each county ia..wtj ich any part 011-:6-a Property is <br />IQ,nted and shall mail. cogiais of such nom in the manner, <br />yressibed by aivEcaable I*vto Borrower and to the othei <br />pennrz prescribed by aTpliitable taw. After the time required by <br />applicable law, Trustee shall; give public notice of sale to the <br />persons and in the m1mm E prescribed by apH dicable law. <br />Trustee, without: dejL-LV_, crr Borrower, .sli4 ssell the Property at <br />public auction to the bigrtast bidder at the ii�a and place and <br />ur_afrx the terns danigrarnd in die rn.tice of i k in one or. more <br />parnds and it any order Truster Mat' . <br />po.5tpa:�ne sale of a1 or any parcel cF tie a7:,wMv b;Y ;oastl'iz <br />wttr.limcement at the rate and place of �Zy r.- Miously sche3wed <br />sate.. Lender or its desitrnte may purchase the Property at any <br />sale. <br />Upon receipt of payment of Foie price bid, Trustee shall deliver <br />to the purchaser Truiam's dwi c-Inveying the Property. The <br />recitala inn the Trustee 9 de«i droll be prisrea facie evidence of the <br />truth of the ststrmnrt ma:; de-mriv Tnnh;e shall apply the <br />proceeds of the sale iii the order: (a) to all expenses of <br />the sale, includingz; but not United to, Trustee's fees as <br />permitted by applirable law stud reasonable attorneys' fees; (b) <br />to alt sums secured b1A this Security Instrument; and (c) any <br />excess to the parson, Or persons legally entitled to it. <br />14. U ;an acceleration under paragraph 13 or abandonment of <br />the F'ro;erry, Ltitdes (in person, by agent or by judiciely <br />arpoiored r,cei jer) shall be entitled to enter upon, take <br />possessicu,ep and manage the Property and to collect the rents <br />c Oe Property including those past due. Any rents collected by <br />Lender or the receiver shall be applied fir.--s to payment of the <br />tests of management of the Property and collection of rents, <br />indua;ing, but not limited to, receiver's fees, premiums on <br />receiver's bonds and reasonable attorneys' fees, and then to the <br />sums secured by this instrument. <br />Page 3 of 5 HUO.92t43DT -t <br />uJ <br />.,,,J <br />t <br />