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'air� <br />r <br />L <br />A <br />event of loss Borrower will give immediate notice by mail to the <br />Lender_ who may snake 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 and to any insurance polices then in force shall pass to <br />the purchaser or grantee. <br />That as additional and collateral security for the payment of the <br />note described, and all sums to become due under this instrument. <br />the Borrower hwthy assigns to the Lender all profits, revenues. <br />royalties. righm a;*.d benefits accruing to the Borrower under any and <br />all oil and gas leases on said pmMises, with the right to receive and <br />receipt for the same and applly vihern to said indebtedness as well <br />Ware as after default in ti­�- o6ditions of ±.bis instrument, and the <br />Lender may di=and. sue for and recover Eci such payments when <br />due and payab but shall not be requir.dse to do. This assignment <br />;s to tertmtna:•r and become null and void upon release of this <br />�tamem. <br />10. That the Borrower will keep the buiMings upon said premises <br />in good repa5r.,• and neither commit nor perm.;: waste upon said land, <br />nor suffer ft said premises to be used fo, szy unlawful purpose. <br />11. That if the premises, cc z =3 part tkereof, be condemned under <br />de power of eminent domain;, c,- ac;- -kl`.r� for a public use, the <br />damages awarded, the proceeds for the w� ;7T�2 of, or the <br />consideration far such acquisition, to the e-o�n of the full amount cif <br />indebtedness upon this instrument and the note•which it is given to <br />swim remaining unpaid, are hereby assigned by the M;--ower to tP.e <br />Lender. and shall be paid forthwith to said Lender to Lv applied by <br />the latter on a=ount of the next maturing iostaltments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note secured hereby not 1 :v eligible for insurance under the <br />National Housing Act wi0i e:gttt mcm rs from the date hereof <br />(written statement of any of:icer of the Drprtment of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Dcx4- -�pmem dated subsequent to the eight months' time <br />from the date of this instrument, declining to insure said note and <br />this mortgage, fseizg deemed conclusive proof of such ineligibility), <br />the Lender ri, Nobler of the note may, at its option, declare all sum, <br />secured ltercv,, rm.- nediatety due and payable. Notwithstanding the <br />foregoing, this ..tarn may not be exercised by the Lender or the <br />holder of the %Fac° u,ten GAP ineligibility for insurance under the <br />National Houv,.�,4 Act is dins: r; the Lender's failure to remit the <br />mortgage ins;;,,T11;e prezium r:o the Department of Housing and <br />Urban Develmatmtert. <br />13. Tf:atif the 4''or wer i~tils to make any payment:• d-mcney . <br />when the same ixcame dun; or fails to conform to and cmvply with <br />t <br />89- 102260 <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 />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; (by the action required to cure the default; (c) a date, not less <br />than 30 days from the dwa the notice is given to Borrower, by which <br />the default must be cure&and (d) that failure to cure the default on <br />os before the date specified in the notice may result in acceleration <br />cf the sums secured by this instrument and sale of the Property. The <br />Mice shall further inform Borrower of;ik right to reinstate after <br />v4xJeration and the right to bring a ca= action to assert the non- <br />existence of a default or and., ether defense of Borro 'tr to <br />acceleration and sale. if •tbe —utt is not cured on or before the date <br />specified un 1b.- notice, Under at its c,-tan may require immediate <br />payment zm , I of all sums secured by thIs instrument without <br />further del "irid and may invoke the toover of sale and any other <br />.remedies permitted by applicable law. Lender sWE be entitled to <br />collect all expenses incurred in pursuing the reme& sprovided in <br />this paragraph 13, including, but not limited to, rzable <br />attorneys fees and costs of title evideax. <br />If the power of sale is invoked. Trustee shall resorti a notice of <br />default in each county sry ibich any part of the Prouty is located <br />and shall mail copies ef.' notice in the manner prescribed by <br />applicable taw to Borrower and to the other persons prescribed by <br />applicaL -be Law. Aicv the time required by applicable law, Trustee <br />shall gr:e o a?*t aarxe of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, <br />,fiall sell the Property at public auction to the highest bidder at the <br />ae and place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously scheduled <br />Sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver to <br />the purchaser Trustee's deed conveying :ir.e Property. The recitals at <br />the Trustee's deed shall r..ma fact e->idcnce of N`te truth of the <br />statements made therein. trn.:ee shall apply the pmcr eds of the sale <br />in the following order. (ai to all expenses of the sale, including, but <br />not limited to, Trustee's fees as pern cued by applicable law and <br />reasonable attorneys' fees; (b) to ad sums secured by this Security <br />Instrument; and (c) any excess to tlx pfT-4,on or persons legally <br />entitled to it. <br />14. Upon acceleration uMcr paragraph 13 or abandonment of the <br />Property, Lender (in person. by agent or by judicially appointed <br />receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Property <br />including those past due. ,f.ny rents collected by lender or the <br />feua;iver shall be applied first to payment of the costs of management <br />of the Property and collection of runts, including. but not limited to, <br />receiver's fee;, premiums on receis Li's bonds and reasonable <br />attorney's fees, and then lathe sums secured by this instrument. <br />Page 3 of 5 <br />L <br />HUD•92143DT -1 <br />r <br />p4 <br />�F <br />t� <br />