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'.
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