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.Y <br />-�I <br />-i <br />t <br />M, L <br />event of loss Borrower will give immediate notice by mail to the any of the conditions or agreements contained in this instrument. or <br />Lender. who may make proof of loss if not made promptly by the note which it secures. then the entire principal sum and accrued <br />Borrower. and each insurance company concerned is hereby interest shall at once become due and payable, at the election of the <br />authorized and directed to make payment for such loss directly to tender. <br />the Lender instead of to the Borrower and the fender jointly, and <br />the insurance proceeds, or any part thereof, may be applied by the <br />bender at its option either to the reductfoa of the indebtedness <br />berebysecured or to the restoration or repair of the property <br />df'c+-pwVW- in event of foreclosure of this instrumeni or ot`frrx transfer <br />cu e: r;the mortgaged property in extinguishmcutc <br />ti3db: -rte mmued hereby, all right, tic Te and interior ui` the <br />&ii�iitsax to any insumm. rd —Vises Ulm in force shall pad rvo <br />+:re pis fcliasrt . grantee. <br />Li�rt :rte: ditionaLarJi�osilacer�l .max :Lrityfarshpltr3•mm�toftfte <br />a des, ;: •,41d all si=tu becu6ird lit- --tinder this : bstrument. <br />the BorroROk.4eby assigns to the Wk4xbill profits, revenues. <br />royalties, rights and benefits acCtnia ,i >�.*(ce Borrower under any and <br />all oil and gas leases on aid Arent with the right to receive and <br />receipt for the same and apply.•litc}h,:to said indebtedness as well <br />before as after default in t8ocnviiilfnns of this instrument, and the <br />Lender may demand, sue for andrk6 -ver any such payments when <br />due and payable. but shall not lie nquired so to do. This assignment <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 premises <br />in good repair, and neither commit nor permit waste upon said land, <br />nor .uf er 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 for 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 />12. The Borrower further agrees that should this instrument and <br />the note secured hereby not be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing and <br />Urban Devrllcpment 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 instr =ent, declining to insure said note and <br />this mortgage, being deem 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 payable. Notwithstanding the <br />foregoing, this option may not be exercised 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 Lenders failure to n:aut 1ihv <br />mortgage insurance premium to the Department of Housing xnd <br />Urban Demdhpment. <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 />Lender shall give notice t,o Borrower prior to acceleration <br />fnllowiu&: &arroKer's breadt..of any- covenant. or a p=ent in this <br />trsrrrM,t :liut.not Yrcrstoacorisi+z ctitdfei (Saiagraph 12 unless <br />3d lit pEovides ottierwisey,.'iiFkd =' tice shall specify: (a) the <br />deh&; Q*,h5e actionrequired to.iv= the default; (c) a date, not less <br />Than 36 :4y from :ft2 date the notice is given to Borrower, by which <br />the default must be dared; and (d) that failure to care the default on <br />or before the date specified in the notice may rrwatkfrr.acceleraairsn. <br />of the sums secured by this instrument and sale ,f tFrepertg.21[te <br />notice shall further inform Borrower oaf the right -11& ,"ng!state .g <br />acceleration and the right to briag.a ajurt actrom it),ducei the <br />existence of a defauXW—M'y other d4ense of J to - <br />acceleration and sale. 1k(h.- default it�,got cured 66.aa-before the :die : :. <br />spec frnd.in the notice,' (?ridLr at ±i' tap;ion may rs'gifre immed <br />paymem:.irr•In1) of all p*m securr�l%y,'rhis instrument without t ` <br />further : tlie'power of We and any atJiir ' `.'` `�;''','5: : :•, <br />remedies jiiimincif tsij, it Viicable law. Lendershall'be entitled'ui,, <br />collect :alLr�, ;nsesavatired in pursuing the r6mediei•.providetO <br />this parigraluN 13, including, but not limited. tar,. t> ,mbriable : <br />attonteo fibs and costs of title evidrxt j—.= <br />If the power of We is invoked, Trustee shall reirrd a notice of <br />default in each county in which any pan of the Prupedy is located <br />and shall mail copies of such 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 the persons and in the manner <br />prescribed by applicable law. Trustee. without demand on Borrower. <br />shall sell the Property at public auction to the highest bidder at the <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 the Property by public <br />announcement at the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Pr.y at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to <br />the purchaser Trustee's deed convevsCy the Property. The recitals in <br />the Trustee's deed shall be prima facia evidence of the truth of the <br />statements made thereia. Trustee shall. apply ttae proceeds of the sale <br />in the following order. (4) to all expenses of the 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 this Security <br />Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />14. U;on acceleration under paragraph 13 or abandonment of the <br />Properr:yJ.ender (in person, by agent or by judicially appointed <br />receiver) it-Lit be entitled to enter upon. take possession of and <br />manage ii c Property and to collect the rents of tho Property <br />including those past 11 :& Any rents collected by Lender or the <br />receiver shall be appied first to payment of the costs of management <br />of the PToperty and collection of rents, including. but not limited to, <br />receiva7', fees. premiums on receiver's bonds and reasonable <br />a'tomey`s fees, and then to the sums secured by this instrument. <br />(,%, as 3 of 5 MUD- 92143OT•1 <br />1.� <br />J <br />