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1 <br />%9'� 103915 <br />event of loss Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss if not mada promptly by <br />Borrower, and each insurance company concemudiir, 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 fefeclosure of this instrument or other transfer <br />of title to the mortgaged. Mperty in extinguishment of the <br />indebtedness secured hereby, all right, title 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 />note descn&* and all sums to becotne due under this instrument, <br />the Borrower beteby assigtass to the [:,em kr all profits, revenues, <br />royalties, rigbts and be= ts•accru4, to the Borrower under any and <br />all oil and gas leases om sxO premism with the right to receive and <br />receipt for the same acedil 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 slEeU 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 Widings upon said premises <br />in good repair, and neither commit not permit waste upon said land, <br />nor suffer the said premises to be used'f'or any unlawful purpose. <br />11. That if the premises, or any part thereof, be condemned under <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 />consideration 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 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 the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument and <br />the note secured hereb_w mat be eligible for insurance under the <br />National Housing Act within eight-months from the date hereof <br />(written stuement'of arty officer of the Department of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />apd Urban Development dated subsequent to the eight months' time <br />from the date of this instrument, declining to insure said note and <br />this mortpge, being deemed conclusive proof of such ineligibility), <br />the Leer 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 lkpartment of Housing and <br />Urban Dtvelopment. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to and comply with <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: (af 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 cued. and (d) that failure to cure the default on <br />or before the date spwi ied, in. Bte notice may result in acceleration <br />of the sums secured b}i bas ii4su=ent and sale of the Property. The <br />notice shall further i rfi rt r Borrower of the right to reinstate after <br />acceleration and tht 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 thz, date <br />specified in the notice, Lender at its option may require impi&iWe <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 rmord a notice of <br />default in each county in which any pan of the Ptoperty is located <br />and shall mail copies Of such notice in the manner nregmW 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 apph��hr. Lev. Tr_;S:r. wtucrat dcu =ziru un Borrower, <br />shall sell the Property at public auction to the highest bidder at the <br />time and place and under the terms designated 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 tbe.time and place of any previsusly scheduled <br />sale. Lender or its designee may purchase the irropeny at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence af•the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order. (a) to all expenses of the sale, including, but <br />not limited to, Trustee's 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 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 appoiawd <br />receiver) shall be entitled to enter upon, take possession of ji�d <br />manage the Property and to collect the rents of the Property <br />including those past due. Any rents collected by Lender or tht <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 />receivers fees, premiums on receivers bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />Paqe 3 of 5 + ' , <br />HUD•92143DT•1 <br />M. <br />P <br />F. <br />