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1 <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 Leader instead of to the Borrower and the lender jointly, and <br />the insurance proceeds, or any 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 tramfur <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 sums to become due under this instrument. <br />the Borrower hereby assigns to the Lenckr all profits, revenues. <br />royalties, rights and benefits accruing to the Borrower tinder any and <br />all o0 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 the conditions of this instrument, and the <br />Lender may demand. sue for and recover any such payments when <br />due and payable, but shall net be required so to do. This assignment <br />is to terminate and become mill and void upon release of this <br />instrument. <br />10. That the BoTm er vPJ1 keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said land. <br />nor suffer the said premises 6o be used for any unlawful purpose. <br />11. That if the premises. or any part theLLof, be condemned under <br />the power of eminent dom2.irt, or acquire`f Tor a public use, the <br />damages awarded the pru�xia3s for the taking of, or the <br />consideration for such ao;;trisiiion, to the extent of t:hr FVj amount of <br />indebtedness upon this ira;7ument and the note whim x 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 bk <br />the latter on account 067 t&- ext 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 arp officer of the Department of Horsing and <br />Urban Development or autyorized agent of the Secretar�• of Housing <br />and Urban Devela•w=t: dated subsequent to the eight months' time <br />from the date of tIzi3 (W- r:ument, declining to insure said note and <br />this mortgage,'!ezg d6=ed conclusive proof of such ineligibility), <br />the Lender or holder ortite note may, at its option. declare all sums <br />secured hereby due and payable. Notwithstanding the <br />foregoing, this option rra not be exercised by the Lender or the <br />holder of the note wW:T tine ineligibility for insurance under the <br />National Housing Aa is "We to the Lenders failure to remit the <br />mortgage insurance pm r.j,lm to 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 />any of ttte condtuons or agreements contameo m IRIS ulSlruMVM. w <br />the note which it secures, then the entire principal sum load accrued <br />intermit shall at once become due and payable. at the elxdion of the <br />Lend&. <br />l.endar shall give notice to Borrower prior to acceleration <br />following Borrowei s breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicabla law provides otherwise). The notice shall specify: (a) the <br />defautlt.(b) the action required to cure the default; (c-) a date. not less <br />than 10.duys from the date the notice is given to Borrower, by which <br />the dofttult must be cured; and (d) that failure to cure the default on <br />or befure the date specified in the notice may result in acceleration <br />of thu sums secured by this instrument and sate of the Property. The <br />notice shall further inform Borrower of the tight to reinstate after <br />accehirauon 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 Wfore :the date <br />specifiad.in the notice, Lender at its option may tegttite�immediate <br />payment in full of all sums secured by this instrument without <br />further, demand and may invoke the power of sale and.any other <br />remedies permitted by applicable law. Lender shill.iie entitled to <br />collect ;all expenses incurred in pursuing the remedies'provide-J in <br />this pamgraph 13, including, but not limited to,.Teasonable <br />attomeys fees and costs of title evidence. <br />If the power, of sale is invoked, Trustee shall record a notice of <br />default in each county in which any part of the Property is located <br />and shalltmaillcopias of such notice in tte 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, Trance <br />shall give public notice of sale to the persons and in the manner <br />prescribed,by.applicable law. Truster without demand on DormeMer, <br />shall sell the Property at public auction to the highest bidder gain: <br />time and placa and under the terns designated in the notice Of SIG: <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 schedu.'.ed <br />sale. L.rrder or ita designee may purchase the Property at arty: We. <br />Upon receipt of payment of the price bid. Ttutte shall defiler _o <br />the purehaser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the <br />state, =,ts made therein. Trustee shalt: apply the proceeds of the sz:e <br />it thrr'!WDwing order: (a) to all expenses of the sale, including. but: <br />aw limited to, Trustee's fees as permitted by applicable law =i <br />reasonable attornocvs' fees; (b) to all sums secured by this Se"fity <br />Instrument; and (c) any excess to the person or persons Iegahy <br />entitled to it. <br />14. [;(Son acceleration under paragraph 13 or al~asi,�nnwrit (if the <br />Property, Lender (in perwn. by agent or by j;adieially g;pcfawl <br />receive-) shall be entitled to enter upon, take posses_.on of and <br />manage an-. Property and to collect rite rena of t1x Property <br />includi:c those past due. Any rents tarlfected by Lender or the <br />receiver shall he 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 acid reasonable <br />attorney's fees, and then to the sums secured by Ws instrument. <br />Pane 3 of 5 <br />IN <br />-- �f"143DT•1 <br />t�. <br />r~ <br />it <br />h <br />tGr <br />P • �i <br />M <br />