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r <br />event of loss Borrower will give immediate notice by mail to the <br />lender, who may matte proof of Mss if not mad: promptly by <br />Borrower, and each insurance company concerned is hereby <br />authorized and directed to make payment for such lass, 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 foreclosure of this instrument or other transfer <br />of tide to the mortgaged property 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 fora shall pass to <br />the purchaser or grantee. <br />9. That as additional and collateral security for the payment of the <br />now described, and all sums to become due under this instrument. <br />the Borrower hereby assigns to the Lender all profits, revenum <br />royalties, rights and benefits accruing to the Borrower under any and <br />all oil and gas eases 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 />Leader w y.demand, sue for and recover any such payments when <br />due and payaW but shaU 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 viii keep the buildings upon said premises . <br />in good repair. and neither commit nor permit waste upon said Und, <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 under <br />the pojxer of eminent domain, or acquired for a public use. the <br />damages twarded, the proceeds for tee ta>tiagr of or tide <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 />aw ire to wining unrrwW, are hereby assigned by the Borrower to tale <br />Leader, and shall be paid forthwith to said tender to be applied by' <br />the latter on account of the next maturing instalfrnears of such. <br />indelttedtitexs. . <br />12. The Borrower further agrees. that should this instrument and <br />the note secured hereby., not be eWe for insurance under the <br />National: Housing Ate within eight m nths from the date hereof <br />(writtem stater ent of any officer of the Department of Housing grid. <br />Urban IAct;elopntentot authorized agent of the Soaetary of Housing <br />and Urban Devetopaaemt dated subsequent w the ei4bt months' time <br />-...from the date of tb;. itnsirumatt, declining ads irctsude,said note and <br />this mortgage, scion di"eetsved conclusive proof of such ineligibility). <br />the Leader or hofCer oi`the note f»xy* at its option, declare all sums <br />secured hereby immediately due aril payable. Notwithstanding. the <br />foregoiM this option may not be exercised by the Lender or the <br />holder of the now wbm the indigt'baaity for insurance under the <br />National Housing Act. :due to the Lenders failure to remit the <br />nxwtgagte insurance premium to the Department of Housing and <br />Urban barelopownt. <br />13. That if the W.mwer fails to make any payments of money <br />widen the saute b&-,-Are dice, or fans to conforms to and comply with <br />F <br />any of the conditions or agreements contained in this instrument, or <br />tine note which it secures, then the entire principal sum and accrued <br />iaacrest shall at once become due and payable. at the election of the <br />Lend,.m <br />teemed shall give notice to Borrower prior to acceleration <br />ftitlowing Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />apph)mble 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 />Own 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 />oar 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 />arpeeleration and sale. U 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 invokes the power of sale and any outer <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 sole is invoked, Trustee shall record a notice oli <br />default in each county, in whicbanv part of the Property is located <br />and shall mail copies of such notiie in the manner prescribed by <br />applicable law to Borrower and ;tug the other persons pasrn'bW by <br />applicable law. After the time required by applicaW law, Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed b tci171C law. Trusieq wiiupui tioiMi vu ia'wTvvir, <br />1�� y aPpl <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 the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Property 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 tl CWs in <br />the Trustee's deed shall be prima facie evidence of the trurk crf the <br />statements trade therein. Trustee shall apply the pro s4Fthe sale <br />in the following order. (a) to all expenses of the sale, itic6b tg, but <br />not, limited to. Trustee's fees as permitted by applicable law artd <br />re=iiabe attorneys' fees; (b) to all sums secured by this Security <br />ltsMminent; and (c) any excess to the person or persons legally <br />entitled to it. <br />1,4. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person, by agent or by judicially appointed <br />re=ver) shall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Progeny <br />including those past due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the.•c osts of management <br />of tlL- Property and collection of rents, including, but not limited to, <br />receiver's fees, premiums on recovees bonds and reasonaMen. <br />attorney's fees, and•then to the sums secured by this instrument. <br />Paae 3 of 5 <br />HU641443DT -1 <br />is <br />Ot <br />Loi <br />