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1. <br />r <br />event of loss Borrower Will give immediate notice kyMail to the <br />Lender, who may make proof of loss if not made promptly ky <br />Borrower, and each insurance company concerned is hcrcbkv . <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 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 transfer <br />of title to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right. tide and interest of the <br />Borrower in and to any insurance policies then in force sholl.pass to <br />the purchaser or grantee <br />9. That as additional and collateral security for the payment:of tha <br />note described, and all sums to become due under this instrument;. . <br />the Borrower bemb_v r; igtts to the Lender all profits, rmnues, . <br />royalties, rids =I benefits, accruing to the Borrower under any and <br />a[I oil and gas lenses cn mid premises, with the fight-to receive and <br />receipt for the -sa-me and-applp them to said indebtedness- as well <br />before as after default in the conditions of this instrument, and the " <br />Lender may deatund, sue for and recover any such. payments when <br />due and payable, 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 the Borrower will keep the buildings upon.said -pren ke, <br />in good repair. and neither cemrnitl aor lxxmit waste upun •said land, <br />nor suffer the said premim itr Ili ucel ffirany unlawfuLputpose. <br />t1. That if the premises; or i tty part ihfanof, be condemned under <br />the power of eminent domain, or acquiri d for a public use, the <br />damages awarded, the proceeds for the taking oft 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 awes that should this inimiment and <br />ttic— note secured hereby not be, r:tigible for insurance un4j.z- the <br />National Hourr*.g Act within eight months r.Tom the date hereof <br />Owniten stavnimt of any officer of the Department of Housing and <br />Urban Deveb :pr-ent or auth�orired agent of the Secretary of Housing <br />vid'Urban Iles dopmentdved subsequent to the eight rrt{tnths time <br />t am the da:c Hof +:his instrtin c, declining to insure said note and <br />this mortgage; burg deemed conclusive proof of such ineligibility), <br />the Lender or hrt.er of the note may, at its option. declare all sums <br />secured hereby smmediately .due and payaU'e. Notwithstanding the <br />foregoing, this option ma« ort be exercised by the Lender or the <br />holder of the note when ilt; ineligibility for insurance under the <br />National Housing Act is date to the Lender s failure to remit the <br />mortgage insuran x premium to the Deliittoat_nt of Housing and <br />Urban Development. <br />13. That if the Borrow" to make any paynitAits, of money <br />When the same become dae. or fails to conform to and comply with <br />- --99 -- 101483 <br />&%k of the conditions or agreements contained in this instrument. or <br />1114 rlata which it secures, then the entire principal sum and accrued <br />iht", t shall at once become due and payable. at the election of the <br />L.ectder. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but 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 dte the notice is given to Borrower, by which <br />:the default must be cured: aardid).tbat failure to cure the deftaid.on <br />or before the date speafkt r}i: may result in aceeierats%m <br />of the sunns secured by tNs and sate of the Property.- Tf e <br />notice shat! further infcr,-m-bon �itf the right to reinstate 'lei <br />acceleration and the r•'gtt: ;:�. �r'qz'.a.rxurt action to assert the =n- <br />existence of a defaultar-sas'Z'N. JSense of Borrower to <br />acceleration and sale. Lfthe debaltts. not cured on or before theme <br />specified in the rotic� 2.ender at its gption may require immediate <br />payment =in full of ail sr.Ems secured by this instrument without <br />further demand and mzy invoke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 13. including, but not limited to. reasonable <br />attorneys' fees and costs of title evidw.c.. <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 1OW411. <br />and 511E11 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 STIC <br />in one or more parcels and in any order Trustee determines. Truzree <br />may postpone sale of all or any parcel of the Property by pcdilic; <br />announcement at the time and place of any previously schesdatloj <br />sale. Lender or its designee may purchase the Property at ail 1 :ale. <br />Upon receipt of payment of the puce. bid Trustee shall de'tivr to <br />the purchaser Trustee's deed coney; nia the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of t1p sale <br />in the following order: (a) to all expenses of the sale, incladr.rtir but <br />not limited to. Trustee's fees as permitted by applicabet ia�v an�i <br />reasonable attorneys' fees; (b) to all sums secured by this ✓:�i�:�+ <br />Instrument; and (c) any excess to the person or prawns legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment rf rlie <br />Property, Lender (in person. by agent er by judicialr!y :appointed <br />receiver) shall be entitled to enter Tryon; take posmsiiitn of and <br />manage the Property and io colSA s-.1 a rents of the Property <br />including those past due. Any rods t infected by Lender or the <br />receiver shalt be applied first to payment. of the costs of management <br />of the Property and collection of recta, 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 -- — — ; • °H4D4214315T -1 <br />L <br />b- - <br />y� <br />