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event of loots Brx:ower will gave .mM%iate notice by and to the <br />Lender, who coy make pram of lens if not crtade promptly by <br />Borrower, and each insosatr_e cx-tpaay cm r-, teed is herebv <br />authorized and directed to snake payment for such loss direly to <br />the Lender instead of to the Borro%c.; and the. tender jointly, " <br />the insura.n•.z proceeds, or any pail thereof, may be applied by the <br />Lender at rs option either to 'be reduction cd the indebtedness <br />hereby secured or to the restoration w repair of the property <br />dznugcd. In event of foreclosure of this instrument or other transfer <br />of till: to the mortgaged property can extinguishment of the <br />indebtedness secured hereby, all right. tide and interest of the <br />Borrow,:.- in and to any insurance ficlicies (hen in force shall Tress ;o <br />.he purchaser or grantee. <br />9. 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 hereby assigns to the Lender all profits, revenues, <br />roya:•ies, rights and benefits accruing to the Borrower under any and <br />all oil and gas leases on said premises, with the right to receive and <br />receipt for the :ame and apps% them to said indebtedness as well <br />before as aftrr default to the conditions of this instrument, and the <br />finer may dery and, 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 irid become null and void upon rel,asc of this <br />instrument. <br />10. fhat the Borrower will keep the buildings upon said premises <br />can g(yx! pcpair, and neither commit nor permit route upon said land, <br />nor sutler the said premises to be used for any unlawful purpose. <br />11. That if the premises, or any part thereof, be condemned under <br />th,r power of eminent domain, or acquired for a public use, the <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 giver, to <br />secure remaining unpaid, are hereby assigned by the Borrower to the <br />Lender, and shall be paid forthwith to said Lender to be applied by <br />the latter on account of the neat mat ring ins�al.ments of such <br />indebtedness. <br />12. fhe Borrower further agrees that �,�ould 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 strtcment of any ofFccr of the Departn-,nt of Housing and <br />Urban Development or authc -razed agent of the Secretary of Houung <br />and Urban Development dated subsequent to the tight months' Lime <br />from the date of this intrumcnt, declining w insure said note and <br />this mortgage, being deemed conclusive proof of such ineligibility), <br />the Lender or holder of the note may, at its option, declare all suns <br />stewed hereby immediaiely due and payable. Notwithstanding the <br />foregoing, this option may no; be exercised by the Loader or the <br />holder of the note when the in6gcbility for insurance under the <br />National Hou ing Act is due to the Lender's failure to remit the <br />t°ortgage insurance premium to the Department of Housing and <br />Urban Devclo,rmcnt. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to anti comply wiah <br />any of the conditiow or agreernerts contained in this instrument, or <br />the note which it secures, then the entire principal suns and accrued <br />interest shall at once become due sad payable, at the ekctioo of the <br />Lender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement ice this <br />instrutent (but not prior to acceleration under paragra�!i 12 unless <br />applicable law provides otherwise). The notice shall specify: (a) the <br />default: (b) the action required to cure the defaulr: (c) a date, not !eat <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be eared; and (d) that fai:ure to cue the default on <br />or before the date spec led in the notice may result in acceleration <br />of the sums secured by thr; instrument and sat. of t1Y Pro f.rty. The <br />notice shall further inform Borrower of the rig:lt to rcinsta.te after <br />acczlcration and the right to bring a court action to asser, the non- <br />existence of a default or any other defense ar Borrower to <br />acceleration and sale. Y the default is nor. -uicd on or before the date <br />specified in the notice. Lende: at its option may re -4uire immediate <br />payment in f nil of a'.l sutras secured by this instrument without <br />further demanc anti may invoke the power of Bait and any other <br />remedies permini :J ny applicable law. Lender shall be entitled to <br />collect all expertses incurred in pursuinr 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 inveko.f, Trustee shall record a notice cf <br />default in each county in which any part of the Property is !opted <br />and shall mail ospies of such notice in the manner prmribed by <br />applicable law to 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 pe was and in the manner <br />prescribed by applicable lain. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the <br />Lime and place pad under the terms designated in the notice of sale <br />in one or more -arccls and in any order Trustee deterrrancs. Trustee <br />may postpone salt of all or any parcel of the Property by public <br />announcement a: the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Propeny at any sale. <br />Upon receipt of payment of cbc price bid. Trustee shall deliver to <br />the purchaser Tr zstee s deed conveving the Property. The recitals in <br />the Trustee: deel shall be prima facie evidence of the truth of the <br />statements made therein. Trustee . shall apply the proceeds of the sale <br />in the follow ing order. (a) to all expenses of the sale, including, but <br />not limited to, i rustee's far as permitted by applicable law and <br />reasonable attorneys fees: (b) to sill sums secured by this Security <br />Instrument: and (c) any excess to the person or persons legally <br />entitled to it_ <br />14. Upon acce.crauon under 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. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and coUec"Or" of rents, including, but not limited to. <br />receiver's fees, premiums on'reccivcr's bonds and reasonable <br />attorney's fees. and then to the sums secured by this cnsir,imrnt. <br />Paige 3 0: 5 <br />MUD -921 a3OT -1 <br />