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a <br />r <br />�M <br />4 <br />89-- 103265 <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 />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 foreclosure of this instrument or other transfer <br />of title to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right, tide 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 />twee described, and all sums to become due under this instrument, <br />the Borrower hereby assigns 6o the Lender all profits, revenum <br />royalties, rights and benefits - =ruing 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 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 any such payments when <br />due and payable, but shall not be required so to do. This assignment <br />is to terminate and become hull and void upon release of this <br />instrument. <br />10. That the, ftrrower %711 keep the buildings upon said premises <br />in jocxt repair, and neither commit nor permit waste upon said land, <br />nor suffer the said premises to be used for any unlawful - purpose. <br />I L That if the premises, or any part thereof, be condemned under <br />the newer of eminent dnmaig, nr aqua foe a p UML . . <br />dawages awarded, the proceeds for the taking of, or the . <br />consideration for such acquisition, to the extent of the full amount of <br />iadebtrAn!ss «Pa_► this inswimat and the none which it is given to <br />secure renWning unpaid, are hereby assigned by the Borrower to the <br />Lender, and sWbe paid forthwith to said Lender to be applied by <br />the tatter on account of the dell maturing installments of such <br />indebtedness. <br />'112. The Borrower further agrees that siiExctd this instrument and <br />0e note secured hereby not be eligible for insurance under the <br />National Housing Act within eight monihs'fcom 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 instrument, declining to 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 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 />i&ban: Development. <br />13. That if:ft Borrower fails to make awry payments of money <br />wben the sam t kWme due, or fails to confa m to and comply with <br />F <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 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 action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the default on <br />or'before, Of .date specified in the notice may result in acceleration <br />of the sunk Secured by this instrument and sale of the Property. The <br />notice'04'Cgrther inform Borrower of the right to reinstate after <br />acceleratico and the right to bring a court action to assert the non <br />existence'ota-default or any other defense of Borrower'to <br />acceleration and sale.. if: the default is not -cured on 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 be entitled to <br />collect all expenses incurred in pursuing 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 invoked, Trustee shall record a notice of <br />default in each county in which any pact of the Property is located <br />a:td.shrl€1 Cakes 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 />aftI give public nuiiuc of sale to the persons and in ttte mane` - <br />prescribed b1^ applicable law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designatcd in the notice of sale <br />in one, or more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all 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 sate. <br />Upon receipt of payment of the price bid, TnL%w shah deliver to <br />the purchaser Trustee's deed conveying 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'We <br />in the following order. (a) to all expenses of the sale, including; but <br />not limited to, Trustees fees as permitted by applicable law and <br />reasonable attorneys' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons 1 cgauy <br />entitled to iL <br />14. Upon acceleratioa under paragraph 13 or abandcaraent of the.' <br />Property, Lender (in persoc,, by agent or by judicial[y aploireted <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 ood.6cted by Lender or the <br />receiver shall'be applied Jim to payment of the casts of management <br />Of the Property and cogamion of rents, including, but• rt x* limited to, <br />r=ivees fees, premiums (m receiver's bonds and reasonable <br />`attorney's fees, and then to the sums secured by this instrument. <br />Paqe 3 of 5 <br />,. jc j <br />L <br />l.� <br />HUD- 92143DT -1 <br />I <br />' 1 <br />ti <br />- <br />I <br />