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F <br />A <br />1 <br />db o- <br />made shall he added to the principal suns (swing tsn the above <br />note, shall be secured hereby, and shall bear interest at the rate set <br />forth in the said note, until paid. <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 torts and conditions of this instrument or the said <br />note, all the rents, revenues and income to be derived from the <br />said premises during such time as the indebtedness shall remain <br />unpaid, and the Lender shall have power to awint any agent or <br />agents it may desire for the purpose of repairingr, sail# premises and <br />of renting the same and collecting the rents, revrnuas 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 collecting rentals therefrom; <br />the balance remaining, ir? any, to be applied toward the discharge <br />of said indebtedness. <br />8. That the Borrower will keep the improvements now ems.1ir6 <br />or hereafter rimed on jhe property. itisuzed as may be required <br />from tithe to time by dw' Lender against' loss by f3.r61nd othtT <br />hazards, casualties and contingencies in such arnountx'and for such <br />periods as may be required by the Lender and wiil B'>Ay' promgi;S , <br />when due. any premiums on such insurance provision for paj�zaeat <br />of which tai not been made hereirtMore.. All irsutatice sha:G be <br />carried in companies approved by the Cencici and ?fie poli:iey acid <br />renewal; thereof shah be !held by the Lender and Kaye attached <br />thereto toss-payable clauses in favor of and in Form. acceprablr %, <br />the Lender. t'n event of losv Borrower wtV gave immediate mhrr v <br />by mail to the Lender, who may make proof of loss if not made <br />promptly by Borrower, and each insurance company concerned is <br />hereby authorized and directed to 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 he <br />i y inc t.ciritcr, at un upTiun either To the' reOUCTion or the <br />indebtedness hereby secured or to the restoration or repair of the <br />property damaged. In event of foreclosure of ihiv imitument or <br />other transfer of title to the mongagcd property in extinguishment <br />iT- :.- btCdrt£ii Wiiisc,i Ndcb), ali rtgnr, tide and interest of <br />the Borrower in and to am insurance policirs then in force .hall <br />pasf to the purchaser of grantee. <br />9. That as additional and collateral security for the payment of <br />the note dewnbed, 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 to the Borrower <br />under any and all oil and gas leases on said premises, with the <br />right to receive and receipt for the saute and apply them to said <br />indebtedness as well before as after default in the conditions of <br />this instrument, and the Lender may demand. sue for and recover <br />any such payments when due and payable, but shall not be re- <br />quired so ro do. This assignment is to terminate and become null'. <br />and void apor, r6ease 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 bit-used for any unlawful <br />Purpose. <br />11. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain. or acquired for a public use. <br />the damages awarded, the proceeds for the taking of. or the con- <br />sideration for such 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 <br />the Lender, and shall be paid forthwith to said Lender to be ap- <br />plied by the tatter on account of the next maturirtg� itestai[ments of <br />such indebtedness. <br />12. 'rho Borrower further agrees that should this instrument and <br />the note secured hereby not be eligible for insurance under the Na. <br />rional Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of HousinS <br />and Urban. Development or authorized agent of the Secretary of <br />Housing and Urban Development dated subsequent to the eight <br />months' time from the ditto 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 />Notw•ithttanding the foregoing, this option may not be exercised <br />by the Lender or the holder of tlae note when the ineligibility for <br />insurance tinder the rational Housing Act is due to the Lender's <br />failure to remit the m;nt;a;ge insurance premium to the Depart- <br />ment of Housing and t;:rhan Devvopment. <br />13. That if the Borrower fails to make any payments of mi4 ney <br />when the same become due, or fails to conform to and comp!`• <br />with any of the coadi *ions or agreements contained in this insim` <br />meat, or the note w1h,;,'h it secures, then the entire principal serif <br />and accrued interest Abuill at once become due and payable, at the <br />election of the Lender. <br />Lender shall give eoticv rrt isss.^rov►ey prior io acceleration <br />following Borrowit?", breach: of any covenant a queement in this <br />instrument (but not tenor to acceleration under pgagraph 12 <br />unless applicable law provides othe3r►ise). The notice shall specih. <br />(al The default. (b) the action regrtited to cure the default; ('c) a <br />date. not less than 30 days from the date the novice is given to <br />Borrower, by which the 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 acceleration and the right to bring a <br />court action to assert the non - existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default is not <br />cured on or before the date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured <br />by this instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. <br />Lender shall be entitled 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 evidence. <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 manner 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 to the persons and in the manner <br />prescribed by applicable law. 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 terns designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of alb of any parcel of the <br />Property by public announcemenr te: 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. The <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements made therein. Trustee shall apply the pro- <br />ceeds of the sale 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 <br />T.43DT <br />r�... <br />i <br />Y` <br />A <br />R <br />