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r� I t 1 89- 104147 apply them to said indebtedness as well before as after default in the conditions of this imtrumcnt, and the Lender may de- mand, sue for and recover any such payments when due and payable, but shall not he required so to do. This assignment is to terminate and become mull and void upon releaFe of this instrument. 10. That the Borrower will keep the buildings upon said premises in goml repair, and neither commit nor permit waste upon said land, nor suffer the said premises to he us%x1 for any unlawful purposc. 1 i . That if the premises, or any pan thereof, be condemned under the power of eminent domain. or acquired for a public use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisition. to the extent of the full amount of indebtedness upon this instrument and the note which it is given to secure remaining unpaid. arc hereby assigned by the Borrower to the Lender, and shall be paid forthwith to said Lender to be applied by the latter on account of the next maturing installments of such indebtedness. 12. The Borrower further agrees that should this instrument and the note secured hereby not be eligible for insurance under the National Housing Act within eight months from the date hereof (written statement of any officer of the Department of Housing and Urban Development or authorized agent of the Secretary of Housing and Urban Development dated subse- quent to the eight months' time from the date of this instrument, declining to insure said note and this mortgage. being deem- ed conclusive proof of such ineligibility), the Lender or holder of the note may, at its option. declare all sums secured hereby immediately due and payable. Notwithstanding the foregoing, this option may not be exercised by the Lender or the holder of the note when the ineligibility for insurance under the National Housing Act is due to the Lender's failure to remit the mortgage insurance premium to the Department of Housing and Urban Development, 13. That if the Borrower fails to make ant: payments of money when the same be -come due, or fails to conform to and comply with any of the conditions or agreements contained in this instrument, OT tha note which it secures, then the entire principal sum and accrued interest shall at once become due and payable, at tht election of the Lender. Lender shall give notice to Borrower prior to acceleration following Wnrow•er's breach of any covenant or agreetnew in this, instrument (but not prior to accelerration under paragraph 12 urd,.mi applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date spmificd iu itic uuiivc. Ixndei at its option may require inimOudiatc paymcnt- in - full of all sums. s —muted by this instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, in- cluding, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale in invoked. Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law.-Trusted shall give public notice of sale to the perwris and in the manner prescribed by applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and tit any order Trustee determines. Trustee may poskpone sale of all or any parse of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein., Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale: including. but not limited. to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; acid (c) any excess to the person or persons legally entitled to it. 1.4- Upon acceleration under paragraph 13 or abandoarnent of the Property, Lender (in person, by agent ar by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collet the rents of, the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, irwtuding. but not limited to. receiver's fees. prentiums on remiver's bonds and reasonable attorneys' fees, and then to the sums secured by this instrument. 15. Upon payment of all sums secured by this instrument, Lender shall request Trustee to reconvey the Property and shall surrender this instrument and all notes evidencing debt secured by this instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 16. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any 'trustee appointed hereunder by an intrument recorded in the county in which this instrument is recorded. Without conveyance of the Property. the successor trustee shall succeed to all the title. power and duties conferred upon Trustee herein and by applicable law. 17. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 18. If one or more riders are executed by Borrower and recorded together with this instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this instrument as if the rider(s) were a pan of this instrument. 19. The covenants herein contained shall bind. and the benefits and advantages shall inure to. the respective heirs. ex- ecutors, administrators, successors, and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular. and the use of any gender shall include all genders. Pago 3 of 4 - - -- Form HUD-92143-DT Rev M8 6LP1 I a 9 r tb 11 tin r.