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F <br />1 <br />made shall be added, to the princi�l 'sitm owing on the above <br />note, shall tie .secured. hereby..attd �>h�. i:Far interest at the rate set <br />forth in the'Wd: note, until,puifdt; <br />7. Thar <br />and sets over to <br />,Ui`rynaF frirf;j;si,^r� 'tr��nsrets <br />the Lertd�;.ra:li> iij= jntrxl =ts; ard;Ui it of the note and all <br />sums scc se default in the performance of <br />any of the icrnts and condhions.of this instrument 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, insured as may be required <br />from time to time by the Lender against foss by fire and other <br />hazards, casualties and contingencies in such amounts and for such <br />periods as may be required by the Lender and will pay promptly, <br />when due, any premiums on such insurame provision for payment <br />of which has not been made hereinbefore. All insurance diali be <br />carried L7, ��ampanies approved by the Lender and the policies and <br />renewzls F, eof shall be held by iltetender and have attached <br />thereto. J.1N s, gayab!e clauses in f iv'or. of and in form acceptable: ;vv <br />the Letld:r.. In event of loss Borrower will give immediate notice <br />by mail tz- s*.e Lender. who may make proof of loss if not made <br />promprlv,':y Borromi-i_and each insurance company concerned is <br />hereby a4h.Fieed at_w greeted to make payment for such loss <br />directh . �.� : e Lender instead of to the Borrow er and the Lender <br />jointly, aa-- the insurance proccedR, or- any pan thereof., may Ise <br />applied by the Lender at its option either to the reduction of the <br />indebtedness heretr iec;�cd or to the restoration or repair of the <br />property damageu. 1_i dent of foreclosure of this imtrumvyn or <br />other tram`,y of t:tie to the mortgaged property in extinguishment <br />of the indeh;dness secured hereby, all right, title and interest -if <br />the Borro +her in and to any insurance policies then in force %Ir,3JJ <br />pass to the purchaser or grantee. <br />9. That as additional and collateral security for the payment of <br />the note described. and all sums to become due under this intm- <br />ment, the Borrower hereby assigns to the Lender all profits, <br />revenues, royalties, rights and benefits accruing to the Borro.werr <br />under any and all oil and gas leases on said premises, with the . <br />right to receive and r"ipt for the same and apply them to <br />indebtedness as we;:: be ore as after default in the condifiortsr nr <br />this inst-t, r,. z:.4 the Lender may demand, sue for and re:r3ver <br />any sues payments when due and payable. but shall not be re- <br />quired so itx do. T*ns assignment is ro terminate and become ncil <br />and void upon rele-zU of this instrument. <br />10. T!tw r }`e Borrower will keep the buildings upon said prcmi:(a. <br />in good repair, and neither commit nor permit waste upon s:id <br />land, nor suffer the said premises to be used for any unlawful <br />purpose. <br />11. That if the premises, or any part thereof, be condemned <br />tinder 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 />secur: remaining unpaid, are hereby assigned by the Borrower to <br />the tender, 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 Borower 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 />(vtr ;ten statemrnt of any officer of the Department of Housing <br />and Urban Development or authorized ager(t of the Secretary of <br />Housing and Urban Development dated subsequent to the eight <br />months' time from the date of this instruritent. declining to insure <br />said note and ,.this mongage, being deemed conclusive proof of <br />such ineligibfTiy), the Lender or holder of the note may, at its op- <br />tion, declare all sums secured hereby immediately due and payable. <br />Nomithstandl4ig the foregoing, this option may not be exercised <br />by the Lend:= or the holder of the note when the ineligibility for <br />insurance under the National Housing Act is due to the Lender's <br />failure to rer "t the mrvrtgage insurance premium to the Depart- <br />ment of Housing and Urban Docopment. <br />13. That if the Borrower fails to make any payments of money <br />when the saruc become due, or fails to conform to and comply <br />with any of tie conditions or agreements contained in this instru- <br />ment, or the = ote which it secures, then the entire principal sum <br />and accrued interest shall at once become due and payable. at the <br />election of zh: Lender. <br />Lender sha1 give notice to Borrower prior to acceleration <br />following Bor-ewer's breach of any covenant or agreement in this <br />imtruraent (t•..:t not prior to aczz• 2radcm under paragraph 12 <br />unkrvz applicable law provides o*2:rw•ise). The notice shall sp try: <br />(a) the defau`;; (b) the action required to cure the default; (e) a. <br />date, not less than 30 days from the date the ncrizt is given is <br />Borrower, by which the default must be cured; an! id) that z'ure <br />to •Cu;c: .,he cnfault on or before the date speciF d in the notice <br />may ar.': in acceleration of the sums secured by this lisTrun, exit <br />and ,� s;f the Property- The •avJ:x shall further inform Borrower <br />of the rigrt w n:icl.cz-oe after :'e ce;eration and the right to bring a <br />court action,. :o asi= rR c: r: s »=;-cAtence of a default or any other <br />defen�_ of Eorrower tc. and sale. If the default is not <br />cured cii or before the date speciflaj in the notice, Lender at Its <br />opticr, inay require immediate payment in full of all sums smred <br />by this instrument without further demand and may invoke the <br />power of a and any other remedies permitted by applicable law. <br />Lender shall be entitled to collect all expenses incurred in pursuing <br />tRc remedies provided in this paragraph 13, including, but riot,. <br />1s�r ::ed to, -casonable attorneys' fees and costs of title <br />if the power of sale is invoked, Trustee shall record a notice'of <br />default in each county in which any pan of the Property is located <br />and shall ritail copies of such notice in the manner prescribed by <br />ap;b:cable law to Borrower and !w.. the other persons prem.1$A by <br />ahl,i�: able law. After the time required by applicable lase; Tr.rustee <br />,,R, '.l give public notice of sale to the perso :s .F.•.iS in tn—., manner <br />]prescribed by applicable law. Trustee, witho,:,: !6e' -and on Bor- <br />ra er, shall sell the Property at public au:.io`r_• Ea : *e highest bid - <br />:t. &,,e time and place and under the as the <br />riC {:iKstof sale in one or more parcels and a =.y,order,Tn*,:rae <br />tieRti ^es. Trustee may postpone sale of z!1 •m any parcel of the <br />Property by public announcement at the um .aid place of any <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 deed shall be prima facie evidence of the <br />truth of 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 law 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 5 �"2tl430T <br />i <br />t� <br />F, <br />r� . <br />