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Q <br />,s <br />r <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss if not made promptly by <br />Borrower, and each insurance company concerned is hereby <br />authoriz -and directed to make payment for such loss directly to <br />the Leader tnstead of to, the Borrower and the Lender jointly, and <br />the insura" procmds, or any pan thereof, may be applied by the <br />Lender at tts option either to the reduction of the indebtedness <br />hereby secured err to the restoration or repair of the property <br />damaged. in event of foredtksure of this instrument or other transfer <br />Of title to thr Mortgaged paa%pe.-kr in extinguishment of the <br />indebtedness secured here y, all right, title and interest of the <br />Borrowet im and to any insurance Mlic-m then in force shall pass to <br />the purchaser or grantee. <br />9. Tltat as additional and collateral security for the payment of the <br />note described, and all sums to become due under this instrument, <br />the Sorm a:er hereby assigns to the Lender all profinv, revenues, <br />royalties, rights and benefits accruing ni the Borrower under any and <br />all oil and gas leases on said premises, with the rwhz to receive and <br />receipt for the same and apply them to said indebletAiess as well <br />before as 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 />10. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit 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 any part 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 />wnsidcration for such acquisition, to the extent 01 the lull amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure rcnaining unpaid, are hereby assigned by the Borrower to the <br />Lender, and shall be paid fonhwith to said Lender In. be applied by <br />the latter on account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees, thatshould this instrument and <br />the note secured hereby net be eligtble for insurance under the <br />National Housing Act sc ulrtn eighr. months from the date hereof <br />(written statement of any officer of the Department. of Howsing and <br />Urban Development or authorized agent of the Sm-T "II of Housing <br />and Urban Development dated subsequent to the a etr months' time <br />from the date of this instrument, declining to insure sazd note and <br />this mortgage, being deemed conclusive proof of swfi: ineligibility), <br />the Lender or holder of the note may, at its option, declare all sums <br />secured hereby immediately 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. That if the Borrower fails to make any payments k3f Mone;. <br />when the same become due, or fails to conform to and comply with . <br />F <br />i • <br />any of the conditions or agreements contained to 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 />tender. <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of anv covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise,). The noticv'shalt specify: (a) tG c <br />default, (b) the action required cfr cure the defasills (c) a data, ^cK less <br />than 30 days from the date the noti.ty is given to Nvrower. by which <br />the default must be cured. and (d) that failure w rurn.the default on <br />or before the date sperx5ed in the notice may tevtlt, in acceleration <br />of the sums secured b� %tNis instrument and sale of the Pto -txnT. The <br />notice shad fursher, tn', rm Wn% wer of the right to reinstate avWn <br />acceleraedon and. f 601 10 brag a court action to assen the Pon - <br />existettc�e of a ctsfai ') oK any other defense of lac- en�wer to <br />aceeletat kin and WV ff the default is not cured on or before the date <br />specified 0 the notkLv. Lender at its option may Qeiluire imtediate <br />payment in full of all sums secured by this instrument without <br />further demand and may invoke the power of sale and any otter <br />remedies permitted by applicable law, Lender shall be entitled to <br />collect all expense-, incurred in pursuing the remedies provided in <br />this paragraph 13, tirduding, but not limited to, reasonable <br />attorneys' fees and. costs of title L tidence. <br />If the power of sate; is invoked, .btustee shall record a notice fsf <br />default in each county in which any part of the Property is located <br />and shall mail copies of such notice 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 Borrower. <br />shall cell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated in the notice of sale <br />'Mont! or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parbet of the Property by public <br />announcement at the time and pC2x . of any previously scheduled <br />sale. Lender or its designee irav purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to <br />the putthaser Trustee's deed con -raying the Property. The recitals in <br />the Trustee's deed 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 following order: (a) to all expenses of the sale, including, but <br />not limited to, Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fees, (h) a;, ai, sums secured by this Security <br />Instrument; and (c) any excess ta'the person of persons legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person, by agent or by judicially appointed <br />re vier) shall be entitled to enter upon, take possession of and <br />macage the Property and to collect the rents of the Property <br />including those past due. Any rents collgcted by Lender or the <br />receiver shall be applied first to paymeiti; of Rhe cri,sts of management <br />of the Property and collection of. -ers. drelc:d%ab, but not limited to. <br />receiver's fees, premiums on rece:ztr c bo. & and reasonable <br />attorney's fees, and then to the secured t,-? this instrument. <br />Page 3 of 5 <br />MUD42 /4wir -t <br />L.� <br />7 <br />W <br />} "r <br />�J <br />ti <br />D <br />r <br />—J <br />