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r <br />made shall he added to the principal -.um owing on the above <br />note, shall be secured hereby, and shall hear inter" air the rate %et <br />forth in the said note, until paul. <br />7. That the Borrower hereby assigns, transfers and sets over to <br />the Lender, to be applied toward the payment of the note and all <br />sums secured hereby in case of a default in the performance of <br />any of the terms and conditions of this instrument or the said <br />note, all the rents, revenues and income IQ be derived from the <br />said premises during such time as the indehtedness shall remain <br />unpaid. and the Lender shall have power to appoint any agent or <br />agents it may desire for the purpose of repairing said premises and <br />of renting the same and collecting the mitts, revenues and income, <br />and it may pay out of said incomes all expenses of repairing said <br />premises and necessary commissions and expenses incurred in rent- <br />ing and managing the same and of colltming rentals therefrom; <br />the balance remaining, if any, to he applied toward the discharge <br />of said indebtedness. <br />8. That the Borrower Will keep the improvements now existitrg <br />or hereafter erected on the property, insured as may be required <br />from time to time by the Lender against lass by fire and other <br />hazards, casualties aud, contingencies in such amounts and for such <br />periods as may be required by the Lender. and twill pay promptly, <br />when due, any premiums on such. insu.r nce provision for payment <br />of which has not been made ht reinl; ere. All. insurance shall be <br />carried in companies approved by the E. vdt.Y 4p4 the policies and <br />renewals thereof shall be held by the Lender and have attached <br />thereto loss payable clauses in faucr cif and in form acceptable to <br />the Lender. In event of loss Borrower will give immediate notice <br />by mail to the Lender, who may muke proof of loss if not trade <br />promptly by Borrower. and each insurance company concerned is <br />hereby authorized and. directed tC make payment for such loss <br />directly to the Lender instead of to the Borrower and the Lender <br />jointly. and the insurance proceeds. or any part thereof. may be <br />applied by the Lender at its option either to the reduction of the <br />indehtednecc hert-hy c"Ured or !C -the re!;, ion or repair r:tr 0, <br />the <br />bt <br />property damaged. ewetn of foreclosure of this instrument or <br />other transfer of title to the mortgaged property in extinguishment <br />of the indebtedness secured hereby, all right, title and interest of <br />the Borrower in assn to any insurance policies then in force shall <br />pass to the purchaser or grantee. <br />9. That as additional and collateral security for the payment of <br />the note described, and all sums to become due under this instru- <br />ment, the Borrower hereby assigns to the Lender, all profits, <br />revenues, royalties. rights and benefits accruing`ro the Borrower <br />under any and all oil and gas leasex on said premises, with the <br />right to receive and receipt for the same and apply them to said <br />indebtedness as well before as attes dcfa::;Ty fm cie conditions of <br />this instrument. and the Lender t~v,+wt�+ta -rd, sue for and recover <br />any such payments when due and payable, but shall not be re- <br />quired so to do. This assignment is to terminate and become null <br />and void upon release of this 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 <br />land, nor suffer the said premises to be used for any unlawful <br />purpose. <br />11. That If the premises, or arS part thereof, be condemned <br />under the power of eminent dorm; ;, or acquired .f6r a public use, <br />the damages awarded;.the proceeds: for the takfng, of, or the con- <br />sideration for such acquisition, to tike extent of the full amoiln —, of <br />indebtadTWrA upon this instrument: _a:d the note which it is ecv(iro to <br />secure riiizaining unpaid, are hei eliy. assigned by the Borrower 10 <br />the Lendef, and shall be paid forthwith to said-Lender to be ap- <br />plied by the latter on account of the next ,5.'sat.errrsg installments of <br />such indebtedness. <br />Q. The Rorrower further agrees that should thif. itlr•ttutncnt and <br />the note secured hereby not be eligible Wr insurancv under the Na- <br />tional Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing <br />and Urban Development or authorized agent of the Secretary of <br />Housing and Urban Development darted subs*quent to the eight <br />months' time from the date of this instrument, declining to insure <br />said note and this mortgage, being deemed conclusive proof of <br />such ineligibility), the Lender or holder of the note may. at its op- <br />tion, declare all sums secured hereby immediately due and payable. <br />Notwithstanding the foregoing, this option may, not be exercised <br />by the Lender or the holder of the note when the ineligibility for <br />insurance under the National Housing Act is due to the Lender's <br />failure to remit the mortgage insurance premium to the Depart- <br />ment of Housing and Urban Deveopment. <br />13. That if the Borrower falls to' make any payments of money <br />when the same become due, er fails tu.eortform to and comp v <br />with any of the conditions or agreements cgntaingd in this imtiu- <br />ment, or the note which is secure:, then the. entire principal .'sum <br />and accrued interest shall at srncz- become due and Mvabl. -, -at the <br />election of the Lender. <br />Lender shall give notice to Borrower prior to.tiesasitin <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but r;ot: pneir to acceleration under paragraph 12 <br />unless applicable law provides otherwise). The notice shall specify: <br />(a) the default; (b), the svKign required to cure the default; (c) a <br />date. not less than ; -days from the date the notice is given to <br />Borrower, by whici4 -Vile default must be cured; and (d) that failure <br />to cure the default on or before the date specified in the notice <br />may result in acceleration of the sums secured by this instrument <br />and sale of the Property. The notice shall further inform Borrower <br />of the right to reinstate after aum4rration and the right to bring a <br />court action to assert the nom-existence of a default or any other <br />defense of Borrower to acceler;atiJa' and sale. If the default is not <br />"K-48 oft of vcfuiv L4C uait str ." � t=! - in. the notice. Lender at US <br />option may require. irhmediam p*=. -nt in full of all sums secured <br />by this instrument Without fuimatier'demand and may invoke.the. <br />Power of sale and any other rimnedies permitted by applicab e.law: <br />e <br />Lender shall be .ritl'ed to collect all expenses incurred in pursuing.. <br />the remedies provided in this paragraph 13, including. but not <br />limited to. reasonable attorneys'.fees and costs of title evidge. -e. <br />If the power of sale is invoked, Trustee shall record a notice of <br />default in each county in which any part of the Property is located <br />and shall mail copies of such notice in the r^.anner prescribed by <br />applicable law to Borrower and to the other persons precribed by <br />applicable law. After the time required by applicable law, Trustee <br />shall give public notice of sale t¢ the persons and in the amnner <br />prescribed by applicable taw. 'trustee, without demand on Bor- <br />rower, shall sell the Property at public auction to the highest bid- <br />der at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpxdra: sale of all or any parcel of the <br />Property by public announcerrerti2 at the time and place of any <br />previously scheduled sale. Lender or its designee may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. •Iii te: <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />traah;of the statements made therein. Trustee shall apply the pro - <br />ceeds of the We in the following order: (a) to all expenses of the <br />sale, including, but not limited to. Trustee's fees- as permitted by <br />applicable law and reasonable attorneys' fees; (b) to all sums <br />secured by this Security instrument; and (c) any excess to the per- <br />son or persons legally entitled to, it,. <br />Page 3 of 5 tl 4t DT <br />L I <br />C •'f <br />i <br />i� <br />�(ppE <br />