Laserfiche WebLink
. i <br />t• <br />t- <br />Lender. In event of loss Borrower will give immediate notice by <br />mail to the lender, who may make proof of loss if not made <br />promptly by Borrower, and each insurance company concerned <br />is hereby authorized and directed to make payment for such loss <br />directly to the Lender instead of to the Borrower and the <br />Lender jointly. and the insurance proceeds. c r any part thereof, <br />may be applied by the Lender at its option either to the <br />reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property damaged. In event of <br />foreclosure of this instrument or other transfer of title to the <br />mortgaged properly iu a inguis "ent of the indebtedness <br />secured hereby, all rwg % title and interest of the Borrower in <br />and to any insurance p:licies then in force shall pass to the <br />purchaser or grantee. <br />9. That as additional and couateraL security for the paytts.et <br />of the nom described, and all sums tin become due under d-Z-1 <br />instrumec the Bosrawer hereby assigns to the Lender all <br />profits, revenues, rayaLties• rights and bereftts af, suing to the <br />Borrower under ary aird all oil and gas leases on said premises, <br />with the tight to receive and revert for the same and apply <br />them to said indebtedness as well `iefore as after default in the <br />conditions of this irzwument, and the Lender may demand, sue <br />for and recover stay 54:1zlr payments when due and payable, but <br />shall not be requirr3 sa to do. This assignment is to temtinate <br />and become null and void upon release of this instrument. <br />10. T(iat the Borrower will keep the buildings upon Y' I' <br />premises in good repair, and neither commit Ear. A . <br />upon said land, t CT ,.suffer the said premises to be vied foi aay <br />unlawful purpos_ <br />11. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public <br />use. the damages awarded, the proceeds for the taking of. or <br />the consideration for such acquisition, to the extent of the full <br />amount of indebtedness upon this instrument and the note <br />which it is given to secure remaining unpaid, are hereby assigned <br />by the Borrower to the Lender, and shall be paid forthwith to <br />said Lender to be applied by the latter on account of the next <br />maturing installments of such indebtedness. <br />12. The Borrower further agrees that should this instrument <br />and the note secured hereby not be eligible for insurance under <br />the National Housing Act within eight months from the date <br />hereof (written statement of a y officer of the Department of <br />Housing and Urban Development or authorized agent of the <br />Secretary of Hotis.1. ^g and Urban Development dated subsequent <br />to the eight mont s' time from the date of this instrument, <br />dedir:asg to insure said note a^ d this mortgage, being deemed <br />cauciu!ve proof of such ineligibility), the Lender or hehiar of <br />tta Note may, at its option, declare all .sums secured bt ebl <br />immediately due and payable. Notwit'.- -q �'di", the fore; :cg, <br />this option may not be exercised by the 1-,md..x or the 111014er of <br />the note when the ineligibility for insurance under the :�•w wonal <br />Housing Act is due to the Leadan's failure to remit the <br />mortgage insurance premium to the Department of Housing and <br />Urban Development. <br />13. That if the Era *cower fails to make any payments of money <br />when the same become due, or fails to conform to and comply <br />with any of the conditions or agreements contained in tb =:s <br />in..murnent, or the note which it secures, then the entire <br />principal sum and accrued interest shall at ortee become due and <br />payable, at the election of the Lender. <br />1 <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach.of any covenant or agreement in <br />this instrument (but not prior to acceleration under paragraph <br />12 unless applicable law provides otherwise). The notice shall <br />specify: (a) the default; (b) the action required to cure the <br />default, (c) a date, not less than 30 days from the date the <br />notice is given to Borrower, by which the default must be Lured; <br />and (d) that failure to cure the default on or before the date <br />specified in the Rotice may result in acceleration of the sums <br />secured by this instrument and sale of the Property. The notice <br />shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the <br />nonexistence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before <br />the date specified in the notice, Lender at its option may require <br />immediate payment in full of all sums secured by this <br />instrument without further demand and mty invoke th power <br />of sale and any ether remedies pemtined by applicable <br />Lender shall be entitled to co5't all expenses incurred in <br />pursuing the rc= es prov 3ed' in this paragraph 13, including, <br />but not limited zo, reasonable attorneys' fees and costs of title <br />evidence. <br />if the power of sale is invoked, Trustee s *all record a natice of <br />166 --uh in ea-' county in %-Ech any part of the Property is <br />located and shall, mail copies of such notize in the manner <br />prescribed by W. licable law to Borrower and to the other <br />persons presml:er by applicable law. After the time required by <br />applicable la:w. l'z7.::stee shall give public notice of sale to the <br />,prsons and ir. rte: L7rer prescribed by applicable law. <br />-r ustee, withoa'.. cI: d oii Borrower, shall sell the PQopert; zz <br />public auction''.:y .the highest bidder at the time and place art <br />under the term- designated in the notice of sale in one or r-am <br />parcels and �s. try order Trustee determines. Trustee may <br />*s -mone sale of all or any parcel of the Property by p nbiic <br />a" )uncement at the time and place of any previously s ileduled <br />;. :. Lender or its designee may purchase the Property at, . any <br />sa':a. <br />Upon receip! of payment of the price bid. Trustee shall deliier <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's shall be prima facie evidence of the <br />truth of the statements —,iD4a therein. Trustee shall apply the <br />proceeds of r.0 z sale in the following order: (a) to all expenses ar <br />the sale. including, but not limited to, Trustee's fees as <br />permitted ?;y ,Ipplicable law and reasonable attorneys' fees; (b1 <br />to all su>✓: ,. =-jred by this Security Instrument; and (cl any <br />excess to t.itr_ person or persons legally entitled to t:. <br />14. Upon aw.e ?eration under paragraph 13 or Li,-nr ,)nment of <br />the Property, Lender (in person, by a_pjr: ,. or by judicially <br />appointed root wr) shall be entitled to tzaer upon. take <br />possession of and manege -,he Property and to collect the rents <br />of the Property including tli.ose past due. Any rents collected by <br />Lender or the receiver shall be applied first to payment of the <br />costs of maita„ ement of the Property and collection of rents, <br />including. Init not limited to, receiver's fees, premiums on <br />receiver's beds and reasonable attorneys' fees, and then to the <br />sums secured by this instrument. <br />Page 3 of 5 Hui)- 92143DT -1 <br />-t <br />iF <br />i.'", . <br />r' <br />