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'r <br />event of loss Borrower will give immediate notice by mail to the <br />tender, who may make proof of foss 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 Lender instead of to the Borrower and the Leader jointly, and <br />the insurance prod;, or any part thereof, may be applied by the <br />Lender at its opficm eerier to the reduction of the indebtedness <br />hereby, serud tL u, tie restoration or repair of the property <br />damaged. In evert cif furedosure of this instrument or other transfer <br />of title to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right; title and interest of the <br />Borrower in and to any insurance policies then in force shall pass to <br />the purchaser or grantee. <br />9. That as additional and rousted security for the payment of the <br />note described, and ell sums to bee6 me due under this instrument, <br />the BQMWer hereby assigns tu'llie ftrender all profits. revenues, <br />royaffies,'r#;g 6 and beriifits accruing to the Borrower under any and <br />all otv acrd gas lea- on said premises. with the right to receite and <br />receipt for the same end apply them to said indebtedness as well <br />before as after default in the conditions of this insT. urnent, Fd she <br />Leader may demand. sue for and recover any such paymer w fnen <br />due sad payabK but shall not be regtdr d so to do. This :s& pmt <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 pre#ses <br />in good repair, and neither commit not 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 far 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 the Borrower 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 such <br />indebtedness <br />I2. ITtr Borrower further agrees that should this instrumena and <br />the n z a secured hereby not be eli&L- for insunuo -__ under the <br />National Housing Act within eight marths from We date hereof <br />(writxre statement of any officer cof tls: Depa 4errer:. of Tlo:.s: -, and <br />Urban Development or authorized, agrsr.:t of the Sw.- a y of Gii wing <br />and Urban Development datednabsNuent to tlr, e: ht mot h; 7 same <br />from the date of this instrument, declining to irtsw >e sa:d note and <br />this mortgage, being deemed conclusive proof of such ineligibil 40, <br />the Lender or holder of the note may, at its option, declare as !.�ms <br />secured: ti,-.reby immediately due and payable. Notwithstand-^g• tlm <br />forego&g;,, this opt-en may not be exercised by the Lender os Oa <br />holder of the nose u en the ineligibility for insurance under the <br />National Howing A v.. is due to the Lender's failure to remit the <br />mortgagu insurance premium to the Department of Housing and <br />Urban 06- kelopment. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due. or fails to conform to and comply with <br />1 <br />1 <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 />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The notice shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the deWi I on <br />or before the date specified in the notice may result in acceleation <br />of the sums secured by this instrument and saFe of the Prepezty. The <br />noticx shall further inform Borrower of the right to reinstate after <br />accekration and the right to bring a court action to assert the non - <br />exis=ce of a default or an!+ othea defe -z of Borrower to <br />acceleration and sale:. If die default is not cuted on or before the date <br />specified in the notice, Lender at its option rmay require immediate <br />payment in full afall•sums secLt' by this instrument air.hm ut <br />ke <br />further demand and may ine ' the power of sale and am]g u• her <br />remedies permitted by applicable law. Lender-shall be e=ifjed to <br />colle,:. all ewiists irsCuffed in pursuing ihi -wrie dies provided in <br />this paragraph 13,'including, but not limited' :io.'reasonable <br />attorneys' fees and costs of title evidence. <br />If the power c9 We is invdkad. Trustee anall record a notice of <br />default in each co;4aty in which any part o' tip: Property is located <br />and shall mail copiies of such notice in thz tanner 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 Borrowa ;. <br />shall sell the Property at public auction to th, highest bidder ar, Oz.- <br />time and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of tho Property by public <br />announcement at the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, TE ustee shall deliver to <br />the purchases " rm;;�s deed crmveying the Property. The recitals in <br />the T;;es:9e< if shall be prima facie evidence of the truth of the <br />statements.rrnA ibirein. Trustee shall apply the proceeds of the safe <br />in the followikg r-nier: (a) to ail expenses of Obe sale, including, but <br />not limited to. Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fees; (b) to all sums secured by tt s Saw rigi <br />Instrument; and (c) any excess to the person or persons liWOV4 , <br />entitled to it. <br />14. Upon acceleration under paragraph 13 ,or abandon: 4 .': of the <br />Piva,erty, Lender (in person, by agent or by judicially appe:•aed <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 r+st due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of The costs of management <br />of tba Property and collection of rents, ineiudirg, but not limited to, <br />red iter's fees, premiums on receiver's bows and reasonable <br />attorney's fees. and then to the sums secured by this instrument. <br />Page 3 of 5 <br />HUD- 92149DT -1 <br />L� <br />• ir, <br />tw <br />r� - <br />