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�1 <br />t <br />104487 <br />trade shall b>r added tC the principal suns awing on the aboi e <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 tltt note and all <br />sums secured hereby in case of a default in the perforrrtance of <br />any of the terror 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 tray d¢sire for the purppase 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 Lullm--ting rentals therefrom; <br />the balance retraining, if any, to be p)Sdied toward the discharge <br />of said indebtedness. <br />S. That the Borrower will keep the improvemetns now existing <br />or hereafter erected on the property. insured as may be required <br />from time to time by the tender again4 foss b) fire and other <br />hazards, casualties and contingencies in such amourtrs and for such <br />periods as may be required by the Lender and will pay promptly. <br />when.due. any premiums on such insuia-MV provisirsn for payment <br />of. which has not been made ftereinbefore. All insuranot shall be <br />carried in companies appsovW by the Lender and the policies and <br />renewals thereof shall be held by the Leader and have attached <br />thereto loss wable clauses in favor of and in form acceptable to <br />the Lender. 16 event of foss Borrower hell give immediate notic= <br />lie mail to the Lender. who may make pioof of loss if not made <br />wamptly by Borrower, and each insurance company concerned is <br />hereby authorized and directed to make payment for such loss <br />directly to tine Lender instead of to the I€otTower and the Lender <br />jointly. and the insurance proceeds. or iuty part thereof. may be <br />applied by the Lendcr 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 prorert) in extinguishment . <br />of the indebtedness secured hereby. all tz, &., title and interest cril <br />the Borrower in and to any insurance prJE t;s then in torce shall, <br />pass, to the purchaser or grantee. <br />• 9- That as additional arb cullatcral security for the payment of <br />trio mote described, and all sums to hecomc slur under this Instru- <br />ment, the Borrower herehy assigns to th a Lender all prcufits. <br />revenues, royalties, rights and benefits accruing to the Burrower <br />under any and all oil and gas leases on said premises: w,th the <br />right to receive and receipt for the same and apply to said <br />indebtedness as well before as after defal3 in the conditions of <br />this instrument. and the ].ender may dmiA. i. sue for and recot cr <br />any such payments when due and payable. but shall not be re- <br />quired so to do. This assignment is to terminate and heroine null <br />and void upon release of this instrument. <br />10. That the Borrower will keep the buildings upon said prentise :, <br />in good repair. and neither commit nor permit waste upon said <br />land, nor suffer the said premises to be used for any tuitawful <br />purpose. <br />11- That if the premises, or any part thereof, be o- Melemn.d <br />under the Power of eminent domain. or acquired for a public use. <br />the damages awarded, the proceeds for err~ 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 sball he paid forthwith to said Lender It) 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 surrs 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 Boirowet fails to make any payments of money <br />when the same become due, or faits to conform to and comply <br />with any of the conditions or agreements contained in this instru. <br />ment, or the note which it Secures, then the entire principal sum <br />and accrued interest shall at once become due and payable. at the <br />election of the Lender. <br />Lender shall give notio: to Borrower prior to acceleration, <br />following 1301roxer's bench of any covenant or agreement lft :this <br />instrument: (but not prior to acceleration under paragraph 12 . <br />unlm Wzhcable law provides otherwise). The notice shall specify: <br />(at the default; (b) the action required to cure the default; (e) a <br />,Lue_nor, less than 30 days from the date the notice is given to <br />Borrasser, -by which the default must be cured; and (d) that fafhire <br />to cure the default on or before the date specified in the notice <br />may result in aw leraiion of the sums secured by this instrument <br />and sate of the Property.. The notice shall further• inform Borrower <br />of the right to reinitate after acceleration and the right to bring a <br />cuun. action to assert the non - existence of a defy -alt or arty other <br />defesitc, of Borrower to acceleration and sale. If the default is not <br />cured tin sir before the date specified in the notice, Lender at its <br />option -nucy require immediate payment in full of all sums secarcd <br />by this instrument witluuit further demand and may invoke the <br />power of sale and asp: an'ccr remedies permitted by applicable law. <br />Lender shall he cntitW t73- ioliect all expenses incurred in pursuing <br />the resntdits provide] in this paragraph 13, including, but not <br />limited 10,,1 caso11able attorneys' fees- and costs of title evidence. <br />If the power of sale i.s invoked. Trustee shall roa;rd a notice of <br />default in each county In which any part of the Property is located <br />And shall mail copies of such notice in the mariner prescribed by <br />applii:Wc: Law to Borrower and to tkv ,other persons precribed by <br />applicabl :e Fza t. After the tinie requV-o:.by applicable law, Trustee <br />shall Sit-c PLWic notice of sale to the persons and in the manner <br />prescribes ' Y applicabl+; 1,;, +.u. Trustee, without demand on Bor- <br />rower, she:] Yell tai: fimvtrty at pubhC auction to [tic highest bid- <br />der at the r.+rrnt'aid place and under Ois.terms designated in the <br />notice oft.-Ile r one or more pari:Ot and in any order Trustee <br />deterrtijim, -trustee may postpone .41jr ni' all or any parcel of the <br />property isy public announcement at ti;e time and place of any <br />prekiously scheduled sale. lender or its designee may purchase the <br />Property at any sale. <br />Upon 11=41 of payment of the ytice bid, Trustee shall deliver <br />to the purtcttaser Trustee's deed conveying the Property. The <br />recitals in the Trusree's deed shall be prima facie evidence of the <br />truth of the statementa nnxde therein. Trustee sha1J 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. 'flryimo!e's fees as permitted by <br />applicable law and reasonable attorreis' fees; (b) to all sums <br />secured by this Security Instrument; 2;7.'4 . (c) any excess to the per- <br />son or persons legally entitled to it. <br />Page 3 of 5 HUD- 921430T <br />L <br />s <br />y ;. <br />N+ <br />e <br />.� F <br />