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event of loss Borrower will give immediate notice by mail to the <br />Leader. 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 nuke payment for such toss directly to <br />the Lender instead of to the Somawer and the Lender jointly, and <br />the insurance proceeds, or aay part thereof, may be applied by the <br />Leader at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration at 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 Tight, 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 collateral security for the payment of the <br />rote described. and all sums to become due under this instrumem <br />G.: Borrower hereby assigns to the Lender all profits. revenues. <br />royalties. rights and benefits accruing to the Borrower under any and <br />AD ord and gas teases 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 the copditions of r1lis instrument. and the <br />Lender may demand. sue for and recover any such payments when <br />due and payablez but shall not be required so to do. This assignment <br />is to terminate and become null and void upon release of this <br />instrument. <br />10: That 1h, Borrower will keep the buildings upon said premises <br />Jwpw i vlor;:.in¢ ue#he�r commit not permit waste upon said land. <br />luxtak. -if c aqi �m0sdus be used for any unlawful purpose. <br />jstvmise!; oi:aay part thereof. be condemned under <br />tlie. (s� xrr euf rtrii wn dotticita~� at rcquirad for a public use, the <br />`' . iltimuns awarded;- the pwi"Ll hir the uAing of. or the <br />c6nik ration for such acquisitftm.to J-c extent of the full amount of <br />ittilebtedness upon this instruza =t 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 />11 The Borrower further agrees that should this instrument and <br />tltamote sewed hereby not be eligible for insurance under the <br />National H=m g Act within eight months from the date hereof <br />( *mtten sta: =ert of any officer of the Department of Housing and <br />Uii an Development or authorized agent of the Secretary of Housing <br />wd Urban D ivelopment dam subsequent to the eight rn:msW time <br />Emb the date f i'lis idst: zme. declining -ta insure said note acd <br />this mortgage; : raii}g 4m= -4 wmsiasive ;;mcf of such ineligibility,':. <br />the Lender or ti Qir: mai may. at its. option, declare all surrs <br />secured hereby im:nal;at t due and payable. Notwithstanding the <br />foregoing. this option ma r stu be exercised by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />National Houn#q Act is due to the Lender's failure to remit the <br />mortgage ins;..a= premium to the Department of Housing and <br />Urban Development. <br />13. That if the Borrower fails to make any payments of money <br />Win the same biome due. or faits to cons b-.- n, to and comply with <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 Borrowers breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law prtnidz otherwisei- The notice shall sped4- (4)•the <br />default: t b i the- action, ttyuired to cure the default, (c) a date; trot- less <br />than 10 days from thedatethe notice is given to Borrower, by. which. <br />the defauil:.tisti.� lie cures: and,(d) that failure to cure thwdefault our... <br />or befomi1'L -dente specified in the noticrttray result.imacceleratigw <br />of titesuirs� u:ed by this instrument and sale of theRto" y- Ilia <br />tsxtti6 --i! ajl. fu-.her inform Borrower of the right to reiiistfild ifter . . <br />wxje aJi and the right to bring a court action to asstrtt the non- <br />default or anv other defense of Borrower to <br />acci%ratt(m; autf:sale. If the default is not cured on or before the date <br />specified 6. tlte� r:otice. Lender at its option may require immediate ' <br />payment in full of all sums secured by this instrument without <br />further demand and may invoke the power of sale and.a6y other <br />remedies permitted by applicable law. Lender shall be entity. to , <br />collect ail expenses incurred in pursuing the remedies prpiida_4i qt - <br />this paragraph 13, including, but not limited to, reasonaWa <br />attorneys fees and costs of title evidence. <br />If the power of sale is invoked. Trustee shall rwo-c'z nonce of.:. <br />default in mcch county in which any part of thr p:opee:tg is 43M726 <br />and shall m:ux,copies of such notice in the manarr gremriisd iby? <br />applica'b't h :•w to Borrower and to the other persons �reswi'rr_d :wy <br />applicable law: After the time required by applicablekw. Tnw= <br />sbaiI give public notice of sine to the persons and in the mariner <br />prescribed by applicable Iaw. 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. Len: °r or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Proper; . The recitals in <br />the Tnutee's deed shall be prima facie evidence of true truth of the <br />statements made therein. Trustee shall apply the ;m. wds of the sale <br />in the following order. (a) to all expenses 4� tb- rrA-- including. but <br />not limited to. Trustee's fees as permitted by appt im a law and <br />reasonable attomeys' fees; (b) to all sums secured 1 ry i s Security <br />l:astrumenc and (c) any excess to the person or pets: vs legally <br />antitled to it. <br />14. L•Feau acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person. by agent or by judicially appointed <br />receiveri shall be entitled to enter upon. take possession of and <br />manage the Property and to collect the rents of the ? *• rPrty <br />including those past due. Any rents collected by Lenedtr or the <br />receiver shall be applied first to payme7re of the costs of management <br />of the Property and ecilection of rents, utc:uding, cat not limited to, <br />receivers fees. premiumv,,cn• d ceiver's bonds and gable <br />utorney's fees, and then to d;te sums secured by Chen a,._: ument. <br />P3ge_of s tW11V421630T -1 <br />U <br />A <br />i <br />r <br />r� <br />I <br />