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r <br />event of loss Borrower will give immediate notice by marl to the <br />Lender, who may make proof of toss if not made promptly by <br />Burrower, 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 ,lointly, acrd <br />the insurance proceeds, or any part thereof, may be applied by the <br />Lendet at its option either to the reduction of the mdebtedne,v <br />hereby secured or to the restoration or repair of the properly <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 Ogbt, title and interest of the <br />BorrknAet in and to any insuratkv TKh; ;ies then nn fore, shaft pass to <br />the purchaser or grantee. <br />4. Thmt as additional and collateral security tier 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 Borntwer under anv and <br />all oil and gas leases on said premises, with the tight to receive and <br />receipt for the same and apply them to said indebtedness as well <br />before as after default in the conditions of this instrument, and the <br />Lender may demand, sue for and recover an% such payments when <br />due and payable, but shall not be required so U,a do. This assignment <br />is to terminate and become null and void upon release of this <br />instrument. <br />10. That the Borrower will keep the buildings upon sao prcmtses <br />in good repair, and neither commit not permit waste upor: said land. <br />nor suffer the said premises to be used for any utt;awful purpose. <br />11. That if the premises, or any pan thereof, be condemned under <br />the power of eminent domain, or acquired for a public use, the <br />damages awarded, the proceeds for the taking of, or the <br />enn.Vderstian fnr tt`a.- af" oaf, • >,- full h _.f: i..,CS2, .� th; ezt:�a Q,f tf�c full di —imuni f1 <br />indebtedness upon this instrument and the no,x v`Nich it is green to <br />secure remaining unpaid, arc hereby &%signets bt, the Borrower to the <br />Lender, and shall be paid forthwith tosatd Lender to he applied by <br />the Latter on account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that shou£d 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 hereol <br />(written statement of any officer of the Mponmeni of Housing and <br />Urban Development orauthonaed agent of the Secretary of Housing <br />and Urban Developrrrent dated subsequent to the eight months lime <br />from the date of this instrume'r_%' eclintng to insure said note and <br />this mortgage, being deemed uoc4..0 ire proof of such melipbrAty), <br />the Lender or holder of the Bore ma �. at its option, declare &.r rums <br />secured hereby immedtately due and 'payable. Notwithstanding the <br />foregoing, this option may, not be exercised by the Lender or the <br />holder of the note when the ineligibility for insurance under the <br />National housing Act is due to the Lender's failure to remit the <br />mortgage insurance premium to the Department of Housing and <br />Urban Development:. <br />13, Tlic if. the ll:1rrejwer•fadi to make any payments of money <br />when the same became due. or fails to conform to and comply w rah <br />F <br />89 10290' <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 pri()T ivracceleration <br />following Borrower's breach of any covenant or agrecwmm in this <br />instrument (but not prior to acceleration mndrr paragraph 12 unless <br />applicable law provides otherwise). The ninisoe shall specifv: (a) the <br />default. (b) the ai,�tton required to cure the default; (c) a date, not les, <br />than 30 days (Reid the date the notice is given to Borrower, by which <br />the default must be cured. amyl (d) that failure to cure the default on <br />or before the date specified in 111w notice may result in acceleration <br />of the sums secured by thts instrument and sale of the Property. The <br />notice shall further inform &M vi 'et of the night to reinstate after <br />acceleration and the right tv* briN a court a:tion to assert the non- <br />existence of a default or any ;LAIWr defense of Borrower to <br />acceleration and sale. If the default is not cured un,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 Lender shall he entitled to <br />collect all expenses incurred in pursuing the remedies provided in <br />this paragraph 13. including, but not limited to, reasonable <br />attornevs' fees and costs of title evidence. <br />If the laiwec cNt'sale is invoked. Trustee shall record a notice of <br />default in each oounty in which any part of the Property is located <br />and shall mad copies of such aolice in the manner prescribed 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 persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Bomower. <br />shah seif the i•ropeny at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of salit <br />in one or more parcels and in any order Trustee deternimes. Trustee <br />may postpone sale of all or am parcel of the Property by public <br />announcement at the time and place of any previously scheduled <br />sale. I.ender or its designee may purchase the Properly at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver to <br />the purchaser Trustees deed conveying the Property The recititis in <br />the Trustee's deed shall be prtma facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order. (a) to aR expenses of the sale, including, but <br />not limited to. Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fees: ft f co all sums secured by this Securitv <br />Instrument. and Oct any.exuxs to the pemm -or persons legally <br />entitled to it <br />14. upon acceleration under paragraph 13 or abandonment of' the <br />Property, Lender tire. per on. b3,,agent or by judicially appointed <br />receiver ) shall be CxWed 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 collecwd by Lender or the <br />receiver shall be applied first ro, paumenr, of the costs of management <br />of the Properly and collection ef- renw. firduding, but not limited to. <br />receiver's fees, premiums on receivers bnnd�,&ad reasonaWc <br />attorney's fees, and then to the surns, secuiol by this instrument. <br />Page 3 of 5 <br />HUiD•921430T.1 <br />!1F <br />J <br />