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- 1 <br />�L <br />a <br />89- 101610 <br />made shall be added to the principal sum owing on the above <br />note, shall be secured hereby, and shall bear interest at the rate set <br />forth in the said note, until paid. <br />T. That the Borrower hereby assigns, transfers and sets over to <br />the Lender, to be applied toward the payment of the note and all <br />sums secured hereby in case of a default in the performance of <br />any of the tams and condicim of this- iiistturrient or the said <br />note. all the rents, revenues and income to be derived from the <br />said premises during such time as the indebtedness shall remain <br />unpaid, and the Lender shall have power to appoint any agent or <br />agents it may desire for the purpose of repairing said premises and <br />of renting the same and collecting the rents, revenues and income. <br />and it may pay out of said incomes all expenses of repairing said <br />premises and necessary commissions and expenses incurred in rent- <br />ing and managing the same and of collecting rentals therefrom; <br />the balance remaining, if any, to be applied toward the discharge <br />of said indebtedness. <br />8. That the Borrower will keep the improvements now existing <br />or hereafter erected on the property, Ensured as may be required <br />from time to time by the Lender against loss by f e and other <br />hazards. casualties and contingencies in such amounts and fer such <br />periods as may be required by the Lends and will. pay promptly, <br />when due. any premiums on such insurance pto%ision for payment <br />of.which his not been made hereinbefore. All imniatsce shall be <br />imt ied in companies approved by the Lender and- itiie,•policies and <br />t- mewals thereof shall be held by the Lender and have.•attached <br />�'rhereto loss payable clauses in favor of and in form a'sieptable to <br />the Lender. In event of loss Borrower will give immediate notice <br />by mail to the Lender, who may make proof of lass if not made <br />promptly by Borrower, and each insurance company, concerned is <br />hereby authorized and directed to make payment (gr•suiih loss <br />directly to the Lender instead of to the Borrower wd ttie lend!:$. <br />jointly, and the insurance proceeds, or any pan thereof, may h;; <br />applied by the Lender at its option either to the reduction of else , <br />indebtednevi hereby secured or to the restoration or repair of the <br />t:soperty damaged. In event of foreclosure of this instrument or <br />cdwr transfer of title to the mortgaged property in extinguishment <br />1*1- the indebtedness secured hereby, all right. title and interest of <br />.rte Borra% .:r in and to any insurance policies then in force shall <br />pass to i ie purchaser or grantee. <br />9. That ai additionzl and collateral security fer.•.thepayment of <br />the note :',MrLbvd: aatd all. sums to become due under lists inrrru- <br />ment. the, RL1MJ,*r assigns to. 'the Lender AL lire fits. <br />revenues, roya'_ties. + } hs : s 1 lye nci.t., a, :cruing to the Sorreacr <br />under any and all oil a d r._6 czw,cs rat .,aid premiws, with the <br />right to receive and rece•,:lyt for O- L- 4 ,,uxic and apply them to said <br />indebtedness as well before as aft_f dttPault in the conditions of <br />this instrument, and the Lender t~:a demand, sue for and recover <br />any such payments when due and hty sf11e, but shall not be re- <br />quired so to do. This assignmen it t„ terminate and become null <br />and void upon release of this irs:rotmytt. <br />10. That the Borrower will keep ;lit buildings upon. said premises <br />in good repair, and neither commit nor permit waste upon said <br />land. not suffer the said premises to be used for any unlawful <br />purpose. <br />11. That if the premises, or any part thereof. Ix: condemned <br />under the power of eminent domain, or acquired for a public use, <br />the damages awarded, the proceeds for the taking of. or the con- <br />sideration 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 <br />the Lender. and shall be paid forthwith to said Lender to be ap- <br />plied by the latter on account of the next maturing installments of <br />such indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note secured hereby not be eligible for insurance under the Na- <br />tional Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing <br />and Urban Development or authorized agent of the Secretary of <br />Housing and Urban Development dated subsequent to the eight <br />months' time from the date of this instrument. declining to insure <br />said note and this mortgage. being deemed mn -lusi ve prof of <br />such ineligibility). the Lender or holder of the note may, at its op- <br />tion. declare all sums secured hereby immediately due and payable. <br />Notwithstanding the foregoing, this option may not be exercised <br />by the Lender or the holder of the note when tpe ineligibility for <br />insurance under the National Housing Act is due to the Lender's <br />failure to remit the mortgage insurance premium to the Depart- <br />ment of Housing and Urban Deveopment. <br />13. That if the Borrower fails to make any payments of money <br />-when the same become due. or faits to conform to and comply <br />with any of the conditions or agreements contained in this instru- <br />meet. or the note which it secures, then the entire principal sum <br />and accrued interest shall at once become due and payable. at the <br />election of the Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or t —ment in this <br />instrument (but not prior to acceleration under paragraph 12 <br />unless applicable law provides otherwise). The notice shall specify: <br />ta) the default; (b) the action regttii6f to cure the default; (c) d <br />date, not less than 30 days from 4th date the notice is given ea.:` <br />Borrower. by which the default m ±z'be cured; and (d) that iailtue <br />to cure the default on or before t1rc sate specified in the notice <br />may rei tilt in acceleration of the mMi s, secured by this instrumrivc <br />an.¢ sale of the Property. The nm ne �itall further inform Sewrawer <br />of the right to reinstate after acce,ar on and the right to btu: a <br />court action to assert the non-existen:e of a dtfiintlt or any other <br />defense of Borrower to acceleration and sale.. CE tire: default is not <br />cured on or before the date specified in the r,.elii„„ `Lender at its <br />option may require immediate payment in fuji.af'ali sums secured <br />by this instrument without further demand and may invoke the <br />power of sale and any other remedies permitt& by applicable law. <br />Lender shall be entitled to collect all expen_wx: thcgrred in pursuing <br />the remedies provided in this paragraph 13, induding, but not <br />limited tto,.reasonable attorneys'. 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 :4- 1a aated <br />and shall mail copies of such notice in the manner prescrtbW,, (s <br />applicable law to Bormwer and to the other persons precribaf by <br />applicable law. After the time required by applicable law. Tnlstt:e <br />shall give public notice of sale toy me persons and in the manner <br />prescribed by applicable law. Trusim, without demand on Bor- <br />rower. shall sell the Property as public auction to the highest bid- <br />der at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone s,..ie of all or any parcel of the <br />Property by public announcement at the time and place of ally <br />previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt'of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's died shalt be prima facie evidence of the <br />truth tit the statements made therein. Trustee shall apply the pro- <br />ceeds of the sale in the following order: (a) to all expenses of the <br />sale. including, but not limited to. Trustee's fees as permitted by <br />applicable taw and reasonable attorneys' fees: (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the per• <br />son or persons legally entitled to it. <br />Page 3 of a HU"2113DT <br />} <br />h <br />P� <br />IMP <br />