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c <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss 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 Lender jointly, and <br />the insurance proceeds, or arty part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure 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 />4. That as additional and collateral security for the payment of the <br />note described, and all surns to become due under this instrument, <br />the Borrower hereby assigra to the Lender all profits, revenues, <br />royalties, rights and benefits accruing to the Borrower under any and <br />all oil and gas leases on said premises, with the right to receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as after default in tbbY cerZaions of this instrument, and the <br />Lender may demand, suer f& aod recover any such payments when <br />due and payable, but shat¢ rat be required so to do. This assignment <br />is to terminate and becomar n Wl zad void upon release of this <br />instrument. <br />10. That the &rrovrer v+ill keep the buildings upon said premises <br />in good repair, and ceitit a to,rr.rnit nor permit waste upon said land, <br />nor suffer the said premises to be used for any unlawful puq -vse. <br />I1. That if the.premises, or any part thereof, be conder :ned under <br />tln3_ power of emineor don-ain, or acquired for a public use, the <br />dzimages awarded, the proceeds for the taking of, or the <br />cam ; deration for such acq ;: ddcm, to the extent of the fail, itmount of <br />in &i -dness upon this imtr:.-ent and the note which it i5 given to <br />secam remaining unpaid: are hereby assigned by the Borrower to the <br />Lender. and shall N Fair' forthwith to said Lender to be applied by <br />the L=n cm a,axvtnt cf tli;:,;m maturing installments of such <br />ind:istr�;rte�, <br />12. The &mi.wer furtf:er zr, = that should this instrument ant <br />the note secured hemby rot be eligible for insurance under the <br />National Housing Act within eight months from the date hmv, <br />(shier statement of any ai r of the Department of Hc�� -t, and <br />fvrclttn Development or aetlx cued agent of the Secretary (;i Housing <br />and Urban Development subsequent to the eight months! time <br />from the date cf this instrunnert, declining to insure said note and <br />this mortgage, being deemed co ^tlusive proof of such ineligibility), <br />the Lender cr holder of tie nco-_ ca3y, at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />foregoing, this option tea; r. i, be exercised by the !lender or the <br />holder of the mate w hen ;1e ineligibility for insurance under the <br />National HatWng. Act is die to the Lenders failure to remit the <br />mortgage inmrunce pr. a an 'o 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 fails to conform to and comply with <br />89= 101328 - - <br />any of the conditions or agreements contained in this instrument, or <br />the note which it securae% 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 (hut 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 default on <br />or before the date specified in the notice may result in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non- <br />existence of a default or any other defense of Borrower to <br />acceleration and sale. if the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate <br />payment in W11- of all sums secured by this instrument without <br />further de=d and may invoke the power of sale and any other <br />remedies permzted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided ita <br />this paragraph 33, including, but not limited to, reasonable <br />attorney fps and costs of title evidence.. <br />if the ewer of sale is invoked, Truster sF J record co',-:= of <br />default is each county in which any par c the Property is low zd <br />and shall mall copies of such notice in tW manner prescribed b1 <br />applicable law t o Borrower and to the vVier persons prescribed ray <br />applicable :a w,' After the time required by applicable law, Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed ?�: applicable law. Trustee, without demand on Borrower, <br />shall sell dine R operty at public auction to the highest bidder at the <br />time and orbx and under the terms designated in the notice of sale <br />in one cc :-rare parcels and in any order Trustee determines. Trcs:ae <br />,7t,a,. ; cs-;Yone sale of all or any parcel of the Property tAy public <br />at the time and place of any previously schedules <br />sore. l eajw �r its designee may purchase the Property at any salmi. <br />. Upon receipt of payrnent of the price bid, Trustee shall deliver tc• <br />:he purchaser Trustees deal conveying the Property. The recitals in <br />the Trusters deed shall tv prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the :sage <br />in the folEa ,wing order. (a) to all expenses of the sale, including, h4i <br />not limite4 too, 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 w it. <br />14. Up,)n acceleration under paragraph 13 or abandonment rftti: <br />Grcpeny, Lender (in person, by agent or by judicially appointed <br />tw=iver) stall be entitled to enter upon, take possession of and <br />manage the ?,oDperty and to collect the rents of the Property <br />including their past due. Any rents collected by Lender or the <br />receiver shad be applied First to payment of the costs of management <br />of the Property and collection of rents. including, but not limited to. <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attorney's fees. and then to the sums secured by this instrument. <br />Page 3 of 5 � - -' -� _- --- - _—_ _ � UD•921{3DY•1 <br />J <br />Y <br />l <br />