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event of loss Borrower will give immediato ntotiu,�e 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 snake payment for each loss directly to <br />the Lends instead of to the Borrower and the Lender jointly, and <br />the Insurance proceeds, or any part thereof. may be applied by the <br />Larder at its option either to the reduction of the indebtedness <br />hereby secured or to the rataation or repair of the property <br />damaged. In event of foreclosure of this instrument or other transfer <br />of tide to the mortgaged property in extinguishment of the <br />Wdeboedsesa secured hereby, all right, title and interest of the <br />Borrower is and to any insurance policies then in force shall pats to <br />The purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />note described. and all sums to become duo under this instrument. <br />the Borrower hereby assigns to the lender all profits, revenues. <br />royalties, rights and benefits accruing 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 stone 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 null and void upon release of this <br />instrument. <br />10. That the Borrower will keep the bplldings upon said premises <br />in good repair, and neither commit nor permit waste upon said (And, <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the premises, or any part thereof, be condemned undue <br />the power of eminent domain, or acquired for a public use, the <br />damages awarded, the proceeds for the taking of, or the <br />.v...a:da tines far surly nrnuWtinn. to the extent of the full amount of <br />indebtaioess upon this instrument and the note whkb ivis given to <br />secure retraining unpaid. are hereby assigned by the Borrower to the <br />Lender, and shall be paid forthwith to said lender to be applied by <br />the latter on account of rite text maturing iustaiitrrcais of su%i. <br />indebtedness. <br />12. The Borrower funkier agrees that should this immment and <br />the note secured hereby not be eligible far insurance under the <br />National Housing Act within eight meats from the date hereof <br />(written statement of any officer of the Department of Housing and <br />Urban Development of amdiorired agent of the Secretary of Housing <br />and Urban Developaeap elated subsequent to the eight months' time <br />.from the date of this im0ument, declining to insure said note and <br />this mot, : being deemed eondusive gorool' of such ineligibility), <br />the Lesdjjt* boiler of the we nary. opdM declare all sums <br />secured hereby immadiatoly due and p'syable. Notwithstanding the <br />foregoing, this option may not be exercised by the Lender or the <br />bolder of the note when'die ineligibility. for insuam= under the <br />National Hoisiog Act is due to the Laar3+Ws failure to remit the <br />mortgage fasvi.znm premium to the Department of Horning and <br />Urban DevekVtnent. <br />13. That if the Borrower fails to make any payments of money <br />wien tie same become due, or fails to coeform to and comply with <br />F <br />0-' , 103"1 <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 patagaph 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 the date specified in the notice may result in acceleration <br />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 <br />acceleration and the right to bring a court action to assert the non- <br />existence of a 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 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 prescribed 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 declared on Borrower. <br />shall sell the Property at public auction to the highest bidder at the <br />time and place and rudder the terms designated in the notice of bale <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 />at the tires' 3:.d place of any pr'vin a � <br />slu wi-{lplrtt <br />sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the prim bid, Trustee shall deliver to <br />the purchaser Trustee's deed conveyi*'tlte Property. The recitals in <br />the Trustee's deed shall be prima facie.oidarceafthe truth of the <br />statements nude therein. Trustee shall; apply tlte;ptocc ds of the seek <br />in the following order. (a) to all expetrsit of ilte'sale, including, but <br />not limited to. Trustee's fees as permitted by applicable law and <br />reasonable attorneys foes; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person. by agent or by judicially appoiated <br />receiver) shall be entitled to enter upon, take poiort afro <br />manage the Property, cad to collect the rents of tl>ie.11t0a4rty <br />including those past dwt Any rents collected by.Laad'er or the <br />receiver shall be applied first to payment of the costs of managment <br />of the Property and collection of rears., including. but not limited to, <br />receiver's fees, premiums on rece&eF "s bonds and reasonable <br />attorney's fees, ani'tlea to the sums secured by,- this instrument. <br />Page 3 or 5 <br />' HUD42143DT -t <br />it <br />U ' <br />f <br />