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a9— <br />iossao <br />apply therm to sail indebtedness as well before as after default in the conditions of this instrument, and the Lender nary de- <br />nranrl, flue for and recover any such payments when due and payable, but shall nmt be required so to do. This assignment <br />I-. to terminate and become null and void upon release of this instrument. <br />to. `!'hat the narrower will keep the buildings upon Grid premises in gotM1 repair. antl neither commit nor permit waste <br />upon said land. nor suffer the said premises to be used for any unlawQtl purpose. <br />11. That if the premises. or any part thereof, be condemned under the power of eminent domain, or acquired for a public <br />use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisition, to the extent of the full <br />amount of indebtrxtness upon this instrument and the note which it is given to secure remaining unpaid, are hereby assigned <br />by the Borrower to the lender, and shall be paid forthwith to said Lender to be applied by the Igtter on account of the next <br />maturing installments of such indebtedness. <br />12. The Borrower further agrees that should this instrument and the note secured hereby not be eligible for insurance <br />under the Natiortat Housing Act within eight months from the date hereof (written statement of any officer of the Department <br />of Housing and Urban Development or authorized agent of the Secretary of Housing and Urban Development dated subse- <br />quent to the eight months' time from the date of this instrurent. declining to insure said note and this mortgage, being deem- <br />ed conclusive proof of such ineligibility). the Lender or holder of the note may. at its option. declare all sums secured hereby <br />immediately due and payable. Notw(dt W&nding the foregoing, this option rr,.ay not be exercised by the Lender or the holder <br />of the mote when the ineligibility for M- Mrance under the National Housing. Act is due to the Lender's failure to remit the <br />mortgage insurance premium to thr Vgmrtment of Housing and Urbap I)OVOOpment. <br />13. That if the Borrower fails to make any payments of nvrwy- when the same become due, or fails to con,kiri fiwand <br />comply with any of the conditions or agreements contained, i4i, tbis.ilxctruntarnt or the mote which it secures,, then t* etttire <br />principal sum and accrued interest shall at once become due aril prtyablc.. sA ft elation of the Under.. <br />Lender shall. give vAigo to Borrower prior to acceleration Rikwing Borrower's breach cr>r any coved4m- dr age at <br />in this instrument (bur not prior to accelerration under paragraph C2 unless applicable law provides oftr*ise). The rzvd6e.: <br />shall specify: (a) the defa<i tz (b) the action required to cure the default; (c) a date, not less than 30 dayi% fom the date. tie <br />notice is given to Borrower. by which the default must be cured; and (d) that failure to cure the default on or before the <br />date specified in the notice may result in acceleration 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 acceleration and the right to bring a court action to assert <br />the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice. Lender at its option may require immediate payment in full of all sums secured by <br />that inMnmu -nr withnnt farther demand and may invoke the power of sale and any other remedies permitted by applicable <br />law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13. in- <br />cluding, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale in invoked. Trustee shall record a notice of default in each county in which any part of the Property <br />is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br />prescriMd by applicable law. After the time required by applicable law. Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee. without demand on Borrower, shall sell the Property • at: public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />'at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon iek�eipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima, facie evidence of the truth of the statements made thmin. Trustee shall <br />apply the proceeds of the sale in the following order: la) to all expenses of the sale. including, but trot 10iW to. Trustee's <br />fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Sedwtitp Instrument; and <br />(c) any excess to the person or persons -legally entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the Property. Lender tin person, by agent or by judicially <br />appointed receiver) shall be entitled to enter upon. take possession of and manage the Property and to collect the rents of <br />the Property ,including those past due. Any rents collected by Lender or the receiver,shall be applied first to payment of <br />the costs of rnumigement of the Property and collection of rents, including- but not limited to, receiver's fees, premiums <br />on receiver's brands and reasonable attorneys' fees. and then to the sums secured by this instrument. <br />13. Upon psyrttent of all sums secured by this instrument. Lender shall request Trustee to reconvey the Property and shall <br />surrender this ins urnent and all notes evidencing debt secured by this instrument to Trustee. Trustee shall reconvey the <br />Property wi mf� t'wzrranty and without charge to the person or persons legally entitled W it. Such person or persons shall <br />pay any recordatiar toots. <br />ib. Lender, at its option, may from time to time remove Trusfir and appai'nt';r succes'nr.tFtrstec to any Trustee appointed <br />hereunder + .;: t intrument recorded in the county in which this ir3itr' ument is. recorded. Wftitout conveyance of the Property, <br />INC mwceswX, rrtrst?r shalt succeed to all the tide, power and dunce corrfrhfAv3 +upnr. Trustee herein and by applicable law. <br />17. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property <br />Address. <br />19. If one or more riders are executed by Borrower and rrcordod together with this instrument, the covenants and agreements <br />of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this m trument <br />as if the rider(s) were a part of this instrument. <br />19. The covenant.~ herein contained shall bind, and the benefits and advantages shall inure w. the respective heirs, cs- <br />ecutars, atlnsinrsirytvis, stxcesscir9. road assigns of the parties hereto Whenever used, the singular number shall cnciude the <br />plural, the plural the %rngular, acrd the use of any gender %hall include all genders <br />G *,fin 3 0 4 - Fewi IWO- 92143.OT 't-.,, 1 0 E- Vl <br />r� <br />