Laserfiche WebLink
r <br />event of ices &irrower will give immediate notice by mail to the <br />!.ender, who may make 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 fcreclaure of this instrument or other transfer <br />of title to the mtxtgagod 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 force shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />we described, aid all sums to bewme due under this instrument. <br />the Borrower hereby ataigis to the Lmder all profits, revenues, <br />royalties rights and benefits aecruiag-to Qk4i orrower under aev &74 <br />all oil and gas tees oa said premises, with tl5e:riglhi to receive and <br />receipt for the same and apply them to sail raykbn,dness as well <br />before as after default in the conditions of ti,ic i>strument, and the <br />Lender may demand. sue for and recover auv such payments when <br />due and payable. but shall not be requited sa to do. This assignment <br />is to terminate and become null and void upon aelease of this <br />instrument. <br />la That the Borrower will keep the buildings capon said premises <br />ill good repair. and neither commit nor permit -waste upon said land, <br />so surer 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 />eonsideratice for sucb 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 shall be paid forthwith to said Lender to be applied by <br />the latter on account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note secured bereby not be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Development dated subsequent to the eight months' time <br />from the date of this imminent, declining to insure said note and <br />this mortgage, beiag jdoeaned conclusive proof of such ineligibility). <br />the Lendercubolderof the now may. at its option, declare all sums <br />secured haeby imnied ately due and payable. Notwithstanding the <br />foregoigf, this optii>ra gray not be exercised by the Lender or the <br />bolder of the atote whot the ineligibility for insuranae under the <br />Nati" Housing Act is due to the Lender's failure to remit the <br />atorlgttge insurance premium to the Department of Housing and <br />Urban Development. <br />13. That if the Borrower fails to make any payments of money <br />when the saute become due, or fails to conform to and comply with <br />89`- x,03004 <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 />interact 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; (b) the aWon required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Harrower, by which <br />the default must be cured; and (d) that failure to cure the default on <br />or before the date specified in the notice may result in 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 sec night to bring a court action to assert the non- <br />existence of a ci+ 44r,2.'or any other defense of Borrower to <br />acmlemtion grid sate. If the default is not cured on or before the date <br />:sprifned in the notice. Lender at its6ption may require immediate <br />payment in full of all sums secure &B y this instrument without <br />further demand and may invoke the power of sale and any other <br />remedies permitted by applicable. lave:. Lender shall be entitled to <br />collect all experism incurred in puns• ing the remedies provided in <br />this pat mgraph 13, including, bat ma-4 limited to, reason, <br />attmncW fees and Goats of titleev*nce. <br />If the power of sale is invoked, Trustee shalt record a notice of <br />default in eaclu 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.. Atla the time required by applicable law. Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed by anplil`ahle law: Truster, witlstust dem-.td or.::, ^. :.,.:.., <br />shall sell the Property at public auction to the highest bidder at the <br />time esd pb�—_ and under tier 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 aOl 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 convcs_.�ing the Property. The recitals in <br />the Trustee's deed stall be prim €age evidence of the truth of the <br />statements made therein. Trustee dill apply the proceeds of the sale <br />in the following order. (a) to Cie. Gnaw of the sale, including. but <br />not; limited to. Trustee's fees as permitted by applicable law and <br />rcasam d* attorneys; fees; (b) to ail sums secured by this Security <br />Instrwaaeut; and (c) any excess to the person or persons legally <br />entitled to it. <br />li 4. Upon acceleration 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 shalt be applied first to payment of the costs of management <br />of the Property and collection of rents, including, but not limited to, <br />recehtF's fees, premiums on receiver's bonds and reasonable <br />attorney's•fees. and then to the sums secured by this instrument. <br />Page 3 or 5 . _._. __ — - -- — --- •-- •-�-�— - • --- <br />NuO�Q't r�OT•1 <br />7 <br />;i <br />isr <br />• 't <br />;i <br />isr <br />