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89= 101265 <br />aptly them to ind:tstedness.s well lwfore a. default-in the cens.'tatiens of-this instrument, and the Lender may de- <br />nand, sue for and recover any such payments when dire 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 instrument. <br />10. That the Borrower will keep the buildings upon said premises in good repair. and neither commit nor permit Yvaste <br />upon said land, 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 the power of eminent domain, or acquired. for a public <br />use. the damages awarded, the proceeds for the taking of, or the consideration for such acquisition, to the extent of the full <br />amount of indebtedness upon this instrument and the note which it is given to secure remaining unpaid, are hereby assigned <br />by the Borrower to ft Lender, and shall be paid forthwith to said Leader to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br />2_ The Borm further agrees that should this instrument and the note s=ured heresy not be eligible for insurance <br />under the Naxiuntui Housing Act within eight months from the date.hereof(•writ n star=ea of any officer of the DegarUSS wiz <br />of finiisii ;srid BTt- Development or authorized agent of the Secretary of 1'�busi)r)c:iiril.T rlicjr Development damdzi <br />.ih�nrfftlltls mort a*e:.�eir�izquen;ite 63:t months' time from the date of this insttttment, destining to insu=� <br />ed conclusive proof of such ineligibility), the Lenderor.hutder of the note may, all sums- sccumd0eis uy <br />immediately due and payable. Notwithstandin flue- fur m zg. this option may n it i �i„,t% to r fy .We L mdp or the holes. <br />of the note when ,;tut ineligibility for insurance. yard ': 4 ;national Housing Act: failure to remit' <br />mompge insurance premium to the Depar uil' r U g and Urban Devel06n61k_ <br />r 1�_ T%at ff Oh.-`borrower fails to make any paymerrN of money when the saiifi l ome due. or fails':0i, orm to atid.' ; <br />ca:nply with any , *i the conditions or agreements contained in this instrument, or itte note which it secures, then the emir{;: ..:. •r <br />principal sum aaR accrued interest.shall at once become due and payable, at the election of the 'Leader. ,•;.? 1. =r <br />Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement <br />in this instrument (but not prior to accelerration under paragraph 12 unless applicable law provides otherwise). The notjge <br />shall specify: (a) the default: (b) the action %Nuired to cure the default; (c) a date, not less tkan 30 days from the dati -i'tlite <br />notice is given to Borrower, by which thc.ua ult must be cured, and (d) that failure to ecrc .r_w default on or befiiiu tbe• <br />date specified in the notice may result in a.zleeration c,f the sums secured by this instrument and sale of the Property. 3i e <br />notice shall further inform Borrower of t`e z`,ght to reicstate after acceleration and the right to bring a court action to assert <br />the non - existence of a default or any other uVntnse of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, U=dez- at its option may require immediate payment in full of all sums secured by <br />this instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable <br />law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13. in- <br />cluding. but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power c�f sale in invoked, Trust x tha ll record a notice of default in each county in M%,4,1 any part of the Proparty <br />is hwated and shall mail copies of such naix in the manner prescribed by applicable law to Born.ya er and to the other persomif <br />prescribed by applicable law. .At*i the time required by applicable law, Trustee sham give pt:hlic notice of sale to•ttu; persons <br />and in the manner prescribed t: applicable law. Trustee, without demand on B&ToKm.,r... d1,11i sell the Property'at pub![,-* <br />auction to the highest bidder at the time zitTd I tace and under the terms designated. in 1Sw, tai.. ;e.t o, -1 in one or more parted -,i <br />and in any order Trustee determines. Trwi:: may postpone sale of all or any pare'!' �:'t'.>r r i �;J by public announcemom <br />at the lime and place of any previously s0iaitiled sale. Lender or its designea 'aiw�r purchase the Property at any sale. <br />> ipm receipt of payment,crfitz pricy mill 't nrstec shall deliver to the purchaser Trustee's deed conveying the Property. <br />V%- i✓ecitals in 'tho,Trustee's' reed shill. bx pn.ma facie evidence of 0e truth of the statemenm made therein. Trustee stall <br />zpps #.; t:;e proceptk cat:'the sale'ia [he fe:Ccv. -ii •:g order: (a) to all expenses of the sale, including, 'aut not limited to, Trustee's <br />fees. as permitted h j applicalih: !law and reasonable attorneys' fees; (b) to all suni%. sc:.: zred by this Security In x.rument; and <br />(c) any excess to tits person or persons legally entitled to it. <br />t~� <br />14. Upon accek,,ration under paragr.ppb 13 or abandonment of the Property, Lender (in person, ty agent or by jud-vd.illy <br />appointed receiver) shall be ert;CeJ to am r upon, take possession of and manage the Propersa �* j to co,1,4xt the rents of <br />this Raperty including those past dze. A y rents collected by Lender or the n niver shall be applied bruit to payment of <br />the mx ls of management of dtc Property and co!lecriom-of rents. including. bug iicw- limited t_7, receiver's fees, premiums <br />on receiver's bonds and reasonable attorneys' fees• asd then to the sums secured by this izsatunlent. <br />15. Upon payment of all sums secured by this instrument. Lender shall request Traxee tr),iu,�!iinvey the Property and shall <br />surrender this instrument and all notes evidencing deist secured by this instrunmtt to, ''Tune. Trustee shall reconvey the <br />Property without warranty and without charge to the �wrson or persons legally 6t;dl _ o3 it Such person or persons shall <br />pay any recordation costs. <br />16. Lender, at its option. may from time to time retnove Trustee and appoint a successor trustee to any Trustee appointed <br />hereunder by an intrument recorded in the county in which this instrument is recorded. Without conveyance of the Property. <br />the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />17. 13orror�er requests that copies �. €the nt;tiee� of dafaiult acid -ale 1x sent tea I;orrowcr's address which is the l?rtTc; rty <br />Address. <br />R <br />ril <br />18. f f one or [note riders are executed by Borrower and recorded together with this instrument. the covenants and agrecinents <br />cif each such rider shall be incorporated [nut and shall amend and supplement the covenants and agreements of this instrument <br />.. r <br />- as if the ridet(s) were a part of this instrument. <br />Le j <br />L7 <br />19. The cotenants herein cuntamcd shall bind, and the benefits and adviintaxes shall enure to. the respective heus. ex- <br />..i <br />., <br />5- ecuiors, and assigns of the p.urtres hertto- Whenexer used. the singular nunitvr shall include the <br />.. plural. the plural the singular. and the use of any gomicr Shall include all gender'. <br />page .! m 4 F cim- NLIM92 11e3-01 flow Z -VI 4:4 t•s <br />