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1 •. <br />L <br />made shall be added to the principal sum owing on the above <br />note, shall be secured hereby, and shalt bear interest at the rate set <br />forth ill 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, 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 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 therefrcrttt;: <br />the balance remaining, if any, to be applied toward the discharge <br />of said indebtedness. <br />S. 'Mai- the Borrower will keep the improvements now e*ahiF <br />or iteufter erected on the propel,?. insured as may be r�q fpt4 <br />frdrit *line to time by the Lender against loss by fire and otNar <br />hazards, casualties and contingencies in such. amounts and for such <br />periods as may be required by the Lender and will pay promptly, <br />when, dint, any premiums on such insurance provision for pdFFment <br />of whid'.t has not been made hereinbefore. All insurgrt%'-e -s�'241 be <br />carried in companies approved by the Lender and the policies and <br />renewals thereof shall be held by the Lender zrd,. lave attached <br />thereto loss payable clauses in favor of and ifi form acceptable to <br />the Lender. In event of loss Borrttuer will give immediate notice <br />by mail to the Lender, who mica truke proof of loss if not made <br />promptly by Borrower, and ea.-h 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 be <br />applied by the Lender at its option either to the reduction of the <br />indebtedness hereby secured or to the restoration or repair of the <br />property damaged. in event of foreclosure of this instrument or <br />other transfer of title to the mortgaged property in extinguishment <br />of the indebtedness secured hereby. all right. title and interest of <br />the Borrower in and to any insurance policies then in force shall <br />M% to the purchaser or grantee. <br />9. That as additional and collateral security for the payment of <br />the note described, 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 same 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 to do. This assignment is to terminate and become null <br />and :void upon release 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 be used for any unlawful <br />purpose. <br />I I "tUt if the premises, or anj 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 />indebOduess upon this instrument and the note which it is given to <br />sew. remaining unpaid, are hereby assigned by the Borrower to <br />the i im*r, and shall be paid forthwith to said Lender to be ap- <br />plied by the latter on account of the next maturing installments of <br />such indebtedness. <br />12. The Borrower further agrees that should this instrument 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 motley <br />when the same become due, or fails to conform to and comply <br />wirb any of the conditions or agreements contained in this instru. <br />ment, or the nwg- ,which it secures. then tho entire principal sum <br />and accrued intemc t. shall. at. once become due and payable, at the <br />election of theIgnder. <br />Lender shall Rive notice to Borrower prior to acceleration <br />following Rcrrv*Ws breach of any covenut or agreement in this <br />instrument (but, tt�)t prior to acceleration under paragraph 12 <br />unless applicable law provides otherwise). The notice shall specify: <br />W the default; (b) the action required to cure the default; (c) a <br />date, not less than 30 days ftem the date the notice 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 hi: acceleration of.the sums secured by this instrument <br />and sale of;ft. property. The notice shall further inform Borrower <br />of tb�.r4ht to reinstate after acceleration and the right to bring a <br />coup acrion'to assert the non - existence of a default or any other <br />def —P of.BMre4,ar to acceleration and sae If the de ult Is not <br />cured on or beEeore 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 />poww of sale and any othe,° remedies permitted by avvBmble law. <br />Lender shall to entitled to Collect all expenses incurred itt pr suing <br />the remedies pro -4i&z4 in tMs paragraph 13. including, but net <br />limited to. reasaa� °.e amrueys' 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 %espies of such notice in the manner prescribed by <br />applicable lamp to. Borrower and tb the other persons precribed by <br />applicaite iaw. After the time required by applicable law, Trustee <br />shall gi- e`N6ifc notice of sale to the persons and in the manner <br />Ore§.mbed.frf 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 terms designated in the <br />notice of safe iv: one or more parcels and in any order Trustee <br />determines. Trursiee 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 shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />rentals 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 stuns <br />secured by this Security Immment; and (c) any excess to the per- <br />son or persons IeWy entitled to it. <br />Paps 3 of S M D"430T <br />r.�;r <br />i <br />i <br />a• <br />I <br />