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_4 <br />r <br />7`s <br />7 <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may mare proof of loss if not made promptly by <br />Borrower. and eaeb insurance company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Leader instead of to the Borrower and the lender iointly, and <br />the imurtnee proceeds, or any part tbertof. 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 mortgtged property in extinguishment of the <br />indebtedness secured hereby, all right, title and interest of the <br />Borrower in and to any insurance policies then in forte shall pass to <br />the purchaser or grantee. <br />4 That as additionsd and collateral security for the payment of the <br />note described, and all sums to become due under this instrument, <br />the Borrower hereby assigns to the Lender all profits, revenues, <br />royalties. rights and benefits accruing to the Borrower under any and <br />all oil and gas leans on said premises, with the right to receive and <br />receipt; fur the same and apply them to said indebtedness as well <br />beforeas 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 release of this <br />instrument. <br />t6D That the Borrower will kr. p the buildings upon said premises <br />in goad repair, and neither cominn -1 nor permit waste upon said land, <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the premises, or 111151 pan thereof. be condemned under <br />the power of eminent domain, ar~ acquired for a public use, ilia <br />damages awarded, the proceeds for the taking of, 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 shau !ie paid forthwith to said Lender to be applied by <br />the lautr 4m account of the next maturing installments of such <br />indebudires. <br />12. The Borrower further agrees that sbould dfit. instrument and <br />the note secured hereby not be efrgihle, fir iasarince under the <br />Natumltl Housing Act within eighemrmihs from the date herrnt <br />(written statement of any officer of the Department of Housinis and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban, Mvelt!pmwt dated subsequent to the eight months' time <br />from thedsur. ci "liras itty rument, declining to insure said note and <br />this tnortgage,.isern ;� tetlxd ameausive proof of such ineligibility), <br />the Lender or holy & of the note may, at its option, declare all sums <br />secured hereby iminaiiately due and payahhs Notwithstanding the <br />foregoing, this option may not be exercised by life Lender or the <br />holder of the note when the ineligibility for lrtsurtnce under the <br />National Housing Act is due to lire Lender's failure to remit the <br />moltggge insurance premium to tote Department of Housing and <br />Urbafr t)eveiopment. <br />13. That if the Borrower fails to makV Amy payments of money <br />when flit same become due, or fails to conform to and comply with <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 />Lender shall give notice to Borrower prior to acceleration <br />Mowing 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; (e) a date, not (ea. <br />than 30 days from the date the notice is given to Borrower, by which <br />the default mint be cured; and (d) that failure to cure doe default on <br />or before the date specified in the notice may result ill, acceleration <br />Of the sums secured by this instrument and sale of the Property. The. <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a ceurraction to assert the non- <br />existence of a default or any other deferise of Borrower to <br />acceleration and sale. If the default is not cured on or before the date <br />specified in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this instrument without <br />further demand and may invoke the Power-of sale and any other <br />remedies permitted by applicable law. Legdicr 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 evidence... :' <br />If the power of sale is invoked. Trance shall record a notice of <br />default in each county in which any part of the Property is located. <br />and shall mail copies of such rap -tice in the manner prescribed by. <br />applicable law 11) 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 pemas and in the manner <br />proscribed by applicable law. Trustee. without demand on Borrower. <br />shall sell the Property at public auction to the highest bidder at the <br />tir, sad piace and under the terms designated in the nafhx of sale <br />al 41.11c or more parcels and in any order Trrastee determines. Trustee <br />mat postpone' sale of all or any parcel of the Property by public <br />aaaottncemcht at the time and place of any previously scheduled <br />r. r. under or its designee may purchase the Property at any sale. <br />t'-'{ton receipt of payment,of the price bid, Trustee shall deliver to <br />the purchaser 'Rustee's deed conveying the Property. The recitals in <br />Cite Trustee's. (Imi shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in rite following order: (a) to all expenses of the sale, ira u:Urg, br :a <br />not` limited to. Trustee's fees as permitted by applicable P4-N and <br />rrsr.!cnable attorneys' fees; (b) to all sums secured by this Security <br />instrument; alsd (c) any excess to the persco. -or persons legally <br />entitled to it. <br />14. Upon acceleration urdtr paragraph 13 or abandonment of the <br />Property. Lender fin persoiK h; agent or 1;1) judicially appointed <br />receiver) shall be untitled to en :er upon, WC possession of and <br />manage the Pmpmy and to cxl.s,'sct the fens c4 the Property <br />in:;Nding those past due. A.n}r re"Sts collected by Lender ua the <br />t!e:iver shall be applied fr:stio payment of the costs of management <br />a( the Property and collection of rents, including, but rt t. limited to. <br />receivers feet, prt•!ftiums on receiver's bonds and reasonable <br />attorney's fee:., ,Ind then to the sums secured by this instrument. <br />Pago 3 of 5 - <br />"U1111- 92MDT -t <br />J <br />q <br />r� <br />