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r <br />event of lots Bdrrvwer will give immediate notice by trail to the <br />tender, who may make proof of forts if not made puinupOY by <br />Borrower. and each insurance company concerned is hereby <br />attthorined and dirmcied to make payment A.* such loss directly to <br />the Leader mowed of to the Borrower and the Lender jointly. and <br />the insurance ptoceW or any part thereof, may be applied by the <br />tender at its option either to this mducton of the indebtedness <br />hereby secured or to the reo motion or repair of the property <br />damaged. In event of fdxoelaaure of this instrument or other transfer <br />of tide to the mx►Agaged property in extinguishment of the <br />indebledae% serurrld hereby, all right. title and interest of the <br />Borrower in sad to may 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 />acre described, and all sums to become due under this instrument, <br />the Borrower hereby assigm to the Lender all pmts, revenues, <br />royalties. rights and benefits accruing to the Borrower under any and <br />all ode and gas leases on said premises, with the right to receive and <br />receipt. for the same and apply lkm to said indebtedness as well <br />before as after default in the conditions of this instrument. and the <br />Leader may deatacul.,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 thus <br />Instrument. <br />10. That the Borrower will keep the buildings upon sand 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 pan thereof, be condemned under <br />the power of eminent dornain, or acquired for a public use, the <br />damages awatdeul„ the proceeds for the taking of. or the <br />oanideretion for wsch acquisition, to the extent of the full amount of <br />indebtedaeea upon this irntruus at and the note which it is sivm to <br />secure remaining uapaid, arc hereby assigned by the Borrower to the <br />Leader, and shall be paid forthwith to said lender to be applied by <br />the latter on aurouni tithe dicat uliiudnig iPthu1amcPtti Of sud;it <br />indebtedness. <br />I2. 'Kane Borrower further agrees that should this instrument and <br />the note secured hereby not be eligible for insurance under the <br />National Housing Aix within eight months from the date hereof <br />(wriium stateweezclany 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 />Firom the date of this irutrum aL declining to insure said noes and <br />tbk i nortgage, being deemed conclusive proof of such idelWi rZity). <br />the Lender of holder of the note may. at its option. declare ail yams <br />secured hereby immediately due and payable. Notwithstanding the <br />fccegoing, this option may not be exercised by the Lender or the <br />bo cr of the note when the ineligibility for insurance under the <br />Nitional 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 />11 Tba main Borrower fails to make any payments of money <br />whoa Chic•sarne become due, or fails to conform to and comply with <br />10339 <br />any of the conditions or agreements contained in this instrument, or <br />the mate which it secures, then the entire l+tincipal cunt 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 prkw to acceleration <br />following Borrower's breach of any covenant Of agreement in this <br />instmnneat (but not prior to acceleration under paragraph 12 UWM <br />applicable law provides otherwise). The notice sMll 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; sad (d) that failure to cure the dedaull on <br />or before the date specified in the notice may mull in acceleration <br />of the sums secured by this instrument ikad sale of the Property. The <br />notice shalt further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a coun action to assert the non- <br />existence of a defaull 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 betiee. Lender at its option may require immediate <br />payment in full of, ail sums secured by this instrument without <br />further dem 6d•xu i may invoke the power of sale and any other <br />ram4lies permitted by applicable law. Lender shall be entitled to <br />corked all expenses incurred in pursuing the remedies provided in <br />this paragraph 13, including, but not limited to, reasonable <br />attorneys fax 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 pan of the Property is located <br />and shall mail copies of such notice in the manner prescribed by <br />ag+l,+ "ble Ix* to Borrower and to the other persons prescribed by <br />applicable law. After the time required byappWable law, Trustee <br />sNzU give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand an Borrower. <br />shall sell the Property at public; auction to the highest 1l4der at the <br />Oft . :_ .L... _..w:.... _S ...1_ <br />tint and place ami unkw inc Z affil &i � u� sac uanKn: w ram <br />in one or more parcels and in any order '6um ee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announeaiiactat at the time and Place of ani Fi.'viou'.ly Wh dY.M <br />sae. Lender or its designee may purchase. the Property at any sale. <br />Upon receipt of payment of the price bk. Tcusw shall deriver 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 />sdmtements made therein. Trustee shall apply the prcaoe& of the ale <br />ins ¢foe following order. (a) to alp expenses of the sae, Wading, but <br />M limited to. Trustee's fees as permitW by-applicable law and <br />reasonable attorneys' fees; (b) to all sung smrod by this Security <br />Instrument; and (t) any excess to the peisaxr or persons legally <br />entitled to it. <br />14. Upon ametrpt on under paragrapix 13 or abandonment of the <br />Property. Lenddar(in person. by agent or by-judicially appointed <br />receiver) shall' be entitled to enter upon. take possession of sad <br />MOW the Property and to collect the rents of the property <br />induding those put due. Any rents collected by Lender- or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including. but not limited to. <br />receiver's fees, premiums on receiver's bond• aed reasonable <br />attorney's fee% and then to the sums secured by this instrument. <br />Page 3 or 5 t1UD- 12t�ISDT•tl <br />W <br />w <br />