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1 <br />$�- 103918 <br />made shall be added to the prinzipal sum owing on 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 terms and conditions of this instrument or the said <br />note, 211 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 poser to appoint any agent or <br />agents it may desire for the purpose of repairing said premises and <br />of renting the same and collecting the rents, revenues 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, if any, to be applied toward the discharge <br />of said indebtedness. <br />8. That the Borrower will keep he vnprove. mzmzs now exWing <br />Or hereafter erected on the progerai..:cured -a4 iray be required <br />from time to time by the Lender loss by fire and o:b:r <br />hazards, casualties and contingence,. :: in such amounts and for such <br />periods as may be required by the. Lender and will pay promptly. <br />when due, any pmmiuns on such insurance prosision for payment <br />of which has not tvecT made hereinbefore. All insurance shall be <br />carried in companies approsed by the Lender and the policies and <br />renewals thereof shall be held by the Lender and have attached <br />thereto loss payable clauses in fasor of and in form acceptable to <br />the Lender. In even ^..of loss Borrower will give immediate notice <br />by mail to the Lehr, 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 te the Borrower and the Lender <br />jointly, and the insurance proceed'_-, or any part thereof, may be <br />applied by the Lender at its option either to ct_ti reduction of the <br />indebtedness hereby secured or ao .the restoration 6r repair of the <br />property damaged. In event cf E,?vcclosure of this instrument or <br />other transfer of iii a to' "hC iii Cii : :iFUZN' : ;,- <br />of the indebtedness secured 1^ei4hs, all right, title and in:ere<r 'if <br />the Borrower in and to any insurance policies then in force shall <br />pass to the purchaser or grantee. <br />9. That as additional and cotln etal security for the paytsent of <br />the note described, and all sums to become due under this instru- <br />ment, the Borrower hereby assigns to the Lend-. t 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 recehe and receipt for the same and apply them to said <br />indebtedness as well before as after default in the conditions evf <br />this instrument. and the Lender may demand, sue for and mover <br />any such payments when due and payable. but shall not be re- <br />quired so to do. This assignment is to termini -e and become null <br />and void upon release of this instrument. <br />10. That the Borrower will keep .he buildings upon said premises <br />in good repair, and neither commit nor pernfit waste upon said <br />land. nor suffer the said premises to be used for any unlawful <br />purpose. <br />11. That if the premises, or any pan thereof. be condemned <br />unda 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 later on account of the next maturing installments of <br />such indebtedness. <br />12. The Borrower further agrees that should this imttument and <br />the note secured hereby not be eligible for insurance under the Na- <br />tional Housing Act within eight months from the date hereof <br />(written statement of any officer of the Department of Housing <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 date 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 />Notwithstanding the foregoing, this option may not be exercised <br />by the Lender or the holder of the note when the ineligibility for <br />insurance under the National Housing Act is due to the Lender's <br />failure to remit the mortgage insurance premium to the Depart- <br />ment of Housing and Urban Deveopment. <br />13. That if the Borrower fails to make any payments of money <br />when she same become due, or fails to conform to and comply <br />with any of the conditions or agreements contained in this instru- <br />nitin. or the note which it secu,Tes, then the entire principal sum <br />ap~d x.vmed interest shall at c ice become dote and payable, at the <br />el tit;ion of the Lew1 r. <br />ies;der shall give notice to Boarow•er prior to acceleration <br />fell,_ Ong Borrower's breach of any covenant or agreement in this <br />irstrument (but not prior to acceleration under paragraph 12 <br />ur!`6s applicable law provides otherwise). The notice shall specify: <br />kaf the default; (b) the action required to cure the default; (c) a <br />date;, not less than 30 days from the date the notice is given to <br />Bereawer, 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 pc tiiault or any other <br />defense of Borrower to acceleration and sale. ' {f the defi;plt is not <br />cured on or before the date specified in the .notice, Leader at its <br />,arson may require immediate payment in. full of all sums secured <br />:.: this Instrument without furilicr dcn:aad' aim may iiiav$e the <br />power of sale and any other remedies permitted by applicable law. <br />Lender shall be entitled to collect all expenses incurred iry pursuing <br />the remedies provided in this paragraph 13, including, but. not <br />lin cd to, reasonable attorneyi' fees and costs of title e%,'dence. <br />If the power of sale is inv9ked. Trustee shall record a notice of <br />default in each county in wbitd't any part of the Property is located, <br />and' shall mail copies of suds, it(ztice in the manner prescribed by <br />app4i.abte law to Borrower, !rid. to the other persons precribed by <br />applicable law. After the time required by applicable Uix. Trustee <br />shall give public motice of sale to the persons; gnd in rite manner <br />prescribed by app?"rcable law. Trustee. will ma demand L—n Bor- <br />rower, shall sell the Property at public aucilon to the hiWie§t bid- <br />der at the time and place and under the terms designataf+ in the <br />notice of sale in one or more parcels and in any order trustee <br />determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at 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 ",deliver <br />to the purchaser Trustee's deed conveyin4 the Property. The <br />recitals in the Trustee's deed shall be ptrfttta; facie evidence of the <br />truth of the statements made therein. Trustee shall apply the pro- <br />coeds of the sale in the following order: (a) to all expemes of the <br />sale. including, but not limited to. Trustee's fees as pets itted 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 />Pao@ 3 of 5 HU0421430T <br />J <br />N. <br />.J <br />i <br />J <br />N. <br />.J <br />