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F <br />x9-00104030 <br />event of loss Borrower will give immediate notice 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 make payment for such loan directly to <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the insurance proceeds, or any part thereof, tray be applied by the <br />Lender at its option eitber 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 irAttument of _other transfer <br />.at tide to the mortgaged property in e>< 6gubbase0t; ot%be <br />'ittdrbttdneas secured hereby, all right, title and interest of the <br />Bofh:Wer, in sins! to any insurance policits then in force shill ,pass to <br />the putter Ot grantee. <br />9. That as additional Arid collateral security for trio payment of the <br />we described, and all st►ta to become due under this instrument, <br />the Borrower hereby assign to the Leader all profits, revenues, <br />royalties, rigbb and benefits accruing to the Borrower under any and <br />all oil and gas leases on stud premises, with the right to receive mad <br />receipt for the same sad apply them to said indebtedness as well <br />before as after default in the conditions of this instrument, and the <br />Lender army demand; sue for and recover any such payments when <br />due and lxi &W but shall not be required so to do. This assignment <br />is to terminate and become null and void upon release of this <br />inutrument. <br />10. That the Borrower will keep the buildings upon said premitts <br />in good repair, and neither commit nor permit waste upon said had., <br />nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the pMnism or any pan 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 />s inure rewaisiag uap;aA arc h.°r;,#iy aqua# by the Borrower tot he <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 funbe:c.aVees that should this instrument and <br />the note secured hereby mast be eligible for insurance under the <br />National Housing Act within eight months from the date hereof <br />(written stakeent of any'oificer of the Department of Housing and . <br />Urban Devtk pmcnt or authorized agent of the Secretary of Houlimg: <br />sad Urban Development dated subsequent to the eight months' bare <br />from the date of this Wom ment, declining to insure said note and <br />this nwftgsge, being deemed conclusive proof of such ineligiUlity), <br />the Lender or holder of the note may, at its option. declare all sumac. <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 insuranm raider the <br />National Housing Act is due to the Lender's failure to remit the <br />mortgage iz aranee premium to the Department of Housing and <br />Urban De+rc%pment. <br />13. That if the Borrw.;& fails to makce any payments of money <br />wkn the same become dace. or fails to conform ar -AW comply vtith : <br />any of the conditions or agreements contained in this instrument, or <br />the note which it secutes, then the entire principal sum and accrued <br />interest shall at once become due and payable, at the election of tho <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 now shall specify: (a) the <br />default; (b) the action required to cure the default; (c) a date, not lean <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 />specited 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 applicabk 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 b 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 nersom and in the manner <br />prescribed by applicable law. Trustee. without demand on 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 Uit@ VF r :'sUic (73rsi6 and ri: arty 4sasr, Thu-me {l+'.tirtiiiiiu. a si= -3ti% <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 purcl aser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the saw <br />in the following order. (a) to all expenses of the sak, including, but <br />not limited to, Trustee's fees as permitted by applicable law and <br />reasonable attorneys' fag; (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 appointed <br />receiver) shall be entitled to enter upon, take possession of and <br />manage the Property and to collect the rents of the Property <br />including, those past due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the costa of management <br />of 4be-property and collection of rents, including, but not limited to, <br />rtieivees fees, premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />Pans 3 of 5 <br />.s ; <br />HUD- 92143OT -1 <br />W__ <br />.j <br />•�1 <br />I <br />