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MR-7- <br />gg- 101538 <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 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, title and interest of the <br />Borrower in. aad to any insurance policies then ,n force shall pass to <br />the purchaser GrVazie -. <br />9. That a�- ad- djAuaai marl coliat trial samrity for the payment of the <br />note described, and aR sums-to become due under this instrument—'... <br />the Borrower hereby assgns to the ::Eider all profits, revenues, <br />royalties, rights and bets accruing to the Borrower under any and <br />all oil and gas leases on std 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 not be required so to do. This assignment <br />is to terminate and become null and void upon retease. of this <br />instrument.. <br />10. That tite Borrower will keep the,buitdings upon saidptrm.i.a;! <br />in good repair, and neither commit nor permit waste upon -%id.land :: <br />nor suffer the said premises to be used for any unlawful purpose <br />1. That if the premises, or any part thereof, be condemned und+x <br />the power of eminent domain, or acquired for a public use, tb,: <br />damages awarded, the proceeds for the taking of, or the <br />consideration for such acquisition, to the extent of the full :t. +.naaru of <br />indebtedness upon this instrument and the note which it ix);ntat :co <br />secure remaining unpaid, are hereby assigned by the BmTow•er 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 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 any officer of the Department of Housing and <br />Urban Development or authorized agent of the Secri,tary of Housing <br />and Urban Development dated subsequent to the t�.Jm^ months time <br />from the '.le of this instrument, declining. to ins;;,-: said note and <br />this morq,,uga, being deemed corclusi,,e rx,; !' of such ineligibilil} t. <br />the Lens. or holder ol'the note may. at its option, declare all sus ^.t-. <br />secured ,veuny imn.edist. Ay due and payable. Notwithstanding th. <br />foregoi, X. tliti option my not be exercised by the Lender or the <br />holder of pen: note when the ineligibility for insurance under the <br />National Act is due to the Lenders failure to remit tee <br />mortgage �%T :t rance premium to the Department of Housing ants.` <br />Urban Development. <br />13. That if the Borrower fails to make any payments o` rn.ccci <br />when tiie kite become due, or fails to conform to and comps.i <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 />[ender shall give entice to Borrower prior to acceleration <br />foliowinhg. Borrowers 'breach of any covenant or agreement in this <br />instrumenr (; utriat prior to acceleration under paragraph 12 unless <br />apph aNj th ti provides otherwise). The notice shall specify: (a) the <br />deli,JA -, -i w;t•the action required to cure the default; (ci a date, not less <br />tha?. 4 ids tits from the date the notice is given to Borrower, by which <br />the: � #Mi`must be cured; and (d) thai: failure to cure the default on <br />or he4sm- the date specified in the'inatJce may result in acceleration <br />of the nfrass secured: by this insirdimmt and Sale of the Property. The <br />notice 4W-1 E rJii. titfbrin Borrower of the right to reinstate after <br />acc_leq;h.* a and the right to bring a court action to assert the non - <br />existmoma 4A a default or any other defense of Borrower to <br />ara A aatifm and sale. If the default is not cured on or before the date <br />spetiW in the notice, Lender at its option may require immediate <br />payrrieht in full of all sums secured by this instrument without <br />further demand and may invoke the power of File and any other <br />remedies permitted by applicable law_ Lender Td;eil be entitled to <br />collect all expenses incurred in pursuing the m=Jics provided in <br />this paragraph 13, including, but not reasonable <br />attorneys' fees and.ca+rsts of title evidence. <br />If the power of"sale7i� invoked, Trustee shall :c,-ard a notice of <br />deliull Ill each euurity ;n which any pan of the Property is located <br />and �tiall'-trtail copies of such notice in the manner prescribed by <br />applicable law to Borrower and to the other persons prescribed by <br />applicable law. A te:r the time required by applicable law, Trustee <br />shall give public nti ::ze 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 sale <br />in one or more parse: }s and in any order Trustee determines. Trustee <br />may postpone sale A` all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled <br />sale. L,en"er or its designee may purchase the Property at any sale. <br />Up<ar : eceipt of payment of the price bid, Tru;tee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustees deed :all be prima facie evidence of the truth of the <br />statements made therein. Trustee '.tall apply the proceeds of the sale <br />in the following order: (a) to al_ evfiwnses of the sale, including, but <br />not limited to. Trusnce's fees ac permitted by applicable law and <br />reasonable attorney;; ;lees; (b) to all sums secured by this Security <br />Instrument; and t wcy excess to the person or persons legally <br />entit'e -! to it. <br />i 4• (�- wn, acceleration under paragraph 13 or abandonment of the <br />Prokny. Lender fir, person, by agent or by judicially appointed <br />receiver) sha7: t e % <<l :;led to enter upon, take possession of and <br />manage th.: and to collect the rents of the Property <br />inclurk tg tkabe Fa.,: due. Any ren;s collected by Lender or the <br />receiv-, ::_all be applied first to 1, *, mmt of the costs of ntanag=ent <br />of the Property and collection of rents, including, but not limited to. <br />receiver's fees. prt.l:rrs on receiver's bonds and reasonable <br />attorney's fees, and 1,',en to the sums secured by this instrument. <br />Page 3 o15 <br />L. <br />HUD- 92143DT -1 <br />K <br />7 , <br />d <br />tI <br />t <br />