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r7,/ <br />made shall be added to the principal sum owing on the above 12. The Borrocccr further agrees that should this instrument and <br />note, shall be secured hereby. and shall bear interest at the rate set the note secured, hereby not: be eligible for insurance under the Na- <br />forth in the said note. until paid. tional Housing Act with16:4ght months from the date hereof <br />9. That as additional and collateral security for the payment of <br />the note described, and all suns to become due under instru- <br />ment, the Borrower hereby assigns to the Lender all Cr rs, <br />revenues, royalties, rights and benefits accritrst to the borrower <br />under any and all oil and gas leases on said! pvrmiscs, with the <br />right to receive and receipt for the same avA, apply them to said <br />indebtedness as well before as after default in the condtnfms of <br />this instrument, and the Lender may demand. sue for and recover <br />any such payments when due and payable, but shall not he re- <br />quired so to do. This assignment is te, terminate and bekonic null <br />and void upon release of this instrument. <br />10. That the Borrower will keep the buildings upon sal; premises <br />in good repair, and neither commit nor permit waste ur%�.0 -.aid <br />land. nor suffer the said premises to be used for any unlawtui <br />purpose. <br />It. That if the premises. or any part thereof, be cum:G�tr ixt! <br />undn, the power of eminent di,tnain, or acquired for s, gid')!ic use, <br />the damages awarded. the proctrds for the taking of, an rsY con- <br />sideration for varh. acquisition, to the extent of the full amount of <br />indebtedness uprw this instrument and the ante which it is given to <br />secure remaining unpaid. are hereby asssigeod' by the Borrower to <br />the Lender. and shall be paid forthwith to said Lender to be ap• <br />plied by the latter on account of the nevi maturing installments of <br />such indebtedness. <br />If the power of We is invoked, Truitte shall record 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 manner prescribed by <br />applicable law to Borrower and to the other persons ptrxribed by <br />applicable law. After the time required by applicable law. Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed by applicable taw. Trustee, without demand on Bor- <br />rower, shall sell the Property at public auction to the highest Wd-- <br />de at the time and place.�rd under the terms designared.in 7h-k. <br />notice of sale in one or f.Tew parcels and in any order 'i crtC!aae. <br />determines. Tr,;stee may ',^•narpone Sale o� all or any parcel cf ilwa <br />1'ro; --erty t,. g;iblic announcement at Ole. +;me and place of any. <br />scheduled sale. lender or •t. - signee may purchase t ne <br />r1•sperty at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver <br />to the purj:a-ser Trustee's deed convcyi!,tO. the Property. The <br />recital~ in thr, T'rustee's deed shall be ptittta facie evidence of the. <br />truth „t ttic �'TateinentS made therein. Trustee shall apply the pro- <br />ceeds of the sale in the foll4sving order: (a) to all expr? macs of the <br />sale, including. but not IritxiteJ to. Trustee's fees as t#,miitted by <br />applicable law and reasu.u% >.e attorneys' fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the per- <br />son or persons legally entitled to it. <br />Page 3of5 HtJDl21�3Dt <br />lJ <br />(written statement of any officer of the Department of Housing <br />7. That the Borrower hereby assigns, transfers and sets over to <br />and Urban Demlopmain, or authorized agent of the Secretary of <br />the Lender. to be applied toward the payment of the note and all <br />Housing and Utttan- Givelopment dated subsequent to the eight <br />sums secured hereby in case of a default in the performance of <br />months' time from the date of this instrument, declining to insure <br />any of the terms and conditions of this instrument or the said <br />said note and this mortgage, being deemed conclusive proof of <br />note. all the rents, revenues and income to be derived from the <br />such ineligibility), the Lender or holder of. the note may, at its op- <br />said premises during such time as the indebtedness shall remain <br />tion, declare all sums secured hereby immedUtely due and payable. <br />unpaid, and the Lender shall have power to appoint any agent or <br />Notwithstanding the foregoing, this option may hot be exercised <br />agents it may desire for the purpose of repairing said premises and <br />by the Lender or the holder of the note when the inelivVity for <br />of renting the same and collecting the rents, revenues and income, <br />insurance under the National Housing Act is due to the Lender's <br />and it may pay out of said incomes all expertf4s of repairing said <br />failure to remit the mortgage insurance premium to the i)epart- <br />premises and necessary commissions and expenses incurred in rent- <br />ment of Housing and Urban beveopment. <br />ing. managing the same an& of collecting rentals therefrom; <br />thi i*%'iance remaining, if aO.,; f! lae applied toward the discharge <br />13. That if' tlte, Borrower fails to mak±: aojy - payments of money <br />of said indebtedness. • <br />«!real the -same 6tCcome due, or fails to i7ct atm to asad comply <br />ovfth any off'16 conditions oK.agreements t:ogtained i*'this instru- <br />8.- That the Borrntiet.v?'JJA,,i�- the improvements now existing <br />10 or the.[tnfe which it secures, tT :� t"_;,entire principal sum <br />" <br />or.f3t itafter erected ari thct ns ity, insured as may be rg4pired <br />and accrued•il7ji t shall at once be .7..EL 1«•t and payable, at the <br />frga: ;iime to time by the Lei dc+ti; against loss by fire aria i liter <br />election of the (:ender. <br />hazards, casualties and contingencies in such•amountti kkir such <br />periods as may be required by the ixttder and syiil. romptly, <br />Lender shall give notice to Borrower prior to acceleration <br />when due, any premiums on such insurartce:l7r!,A,, sioa for payment <br />'felloving Borrower'4 any covenant or agreement in this <br />of which has not been made hereinbefore ,A13;! ;isurance shall be <br />(ls t ;ment (but not rs? az *;rr acceleration under paragraph 12 <br />carried in companies approved by the Len% titd the policies and <br />unless applicable! law j rm ides otherwise). The - notice shall specify: • • ; <br />renewals thereof shall be held by the Lendc� and have attached <br />(a) the default; r, "aj. the action required to cure the default; (c) a <br />thereto loss payable clauses in favor of a6dib' form acceptable to <br />date, not less .':an 30 daysitom the date the notice is given to <br />` J <br />the Lender. In event of loss Borrower writ g ; - immediate notice <br />Lronower. by which the d+e' au;: must be cured; and (d) that failure <br />by mail to the Lender. who may make proof of loss if not made <br />to cure the default on or?rfiwe the date specified in the. notice <br />promptly by Borrower, and each insurance company concerned is <br />may result in acceleration e ?: tih�stmrs secured by thisi°i�}stm)mern <br />hereby authorized and directed to make payment for. sut:ts lotr, =, <br />and sale of the Property. The notices . `arther inforio Borrow ex;:, <br />directly to the Lender instead of to the Borrower and the Lagder <br />of the right to reinstate after acceterit- -.aari and the right td bring a <br />jointly, and the iny4mme proceeds, or any part thereof. may be <br />=n action to assert the no existence i;3 a default oy `Airio, other <br />applied by the leoilzi'at its option either. tar the reduction of the <br />defense of Borrower to accel, ---ion and.sale. if the :�A t is not <br />indebtedness hereby secured or to the resturation or repair of the <br />cured on or before the date specified ir;the notice. Lender at it3 <br />property damaged. In event of foreclosure of this instrument or <br />option may require immediate payment it full of all sums secured <br />other transfer of title to the mortgaged property in extinguishment <br />by this instrument without further demand and may invoke the <br />of the indebtedness secured hereby, all right, title and interest of <br />power of sale and any other remedies permitted by applicable law. <br />the Borrower in and to any insurance policies then in force shall <br />I ender shall be entitled to collect all expenses incurred in pursuing <br />pass to the purchaser or grantee. <br />the remedies provided in this paragraph 13, including, but not <br />limited to, reasonable attorneys' fees and costs of title evidence. <br />9. That as additional and collateral security for the payment of <br />the note described, and all suns to become due under instru- <br />ment, the Borrower hereby assigns to the Lender all Cr rs, <br />revenues, royalties, rights and benefits accritrst to the borrower <br />under any and all oil and gas leases on said! pvrmiscs, with the <br />right to receive and receipt for the same avA, apply them to said <br />indebtedness as well before as after default in the condtnfms of <br />this instrument, and the Lender may demand. sue for and recover <br />any such payments when due and payable, but shall not he re- <br />quired so to do. This assignment is te, terminate and bekonic null <br />and void upon release of this instrument. <br />10. That the Borrower will keep the buildings upon sal; premises <br />in good repair, and neither commit nor permit waste ur%�.0 -.aid <br />land. nor suffer the said premises to be used for any unlawtui <br />purpose. <br />It. That if the premises. or any part thereof, be cum:G�tr ixt! <br />undn, the power of eminent di,tnain, or acquired for s, gid')!ic use, <br />the damages awarded. the proctrds for the taking of, an rsY con- <br />sideration for varh. acquisition, to the extent of the full amount of <br />indebtedness uprw this instrument and the ante which it is given to <br />secure remaining unpaid. are hereby asssigeod' by the Borrower to <br />the Lender. and shall be paid forthwith to said Lender to be ap• <br />plied by the latter on account of the nevi maturing installments of <br />such indebtedness. <br />If the power of We is invoked, Truitte shall record 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 manner prescribed by <br />applicable law to Borrower and to the other persons ptrxribed by <br />applicable law. After the time required by applicable law. Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed by applicable taw. Trustee, without demand on Bor- <br />rower, shall sell the Property at public auction to the highest Wd-- <br />de at the time and place.�rd under the terms designared.in 7h-k. <br />notice of sale in one or f.Tew parcels and in any order 'i crtC!aae. <br />determines. Tr,;stee may ',^•narpone Sale o� all or any parcel cf ilwa <br />1'ro; --erty t,. g;iblic announcement at Ole. +;me and place of any. <br />scheduled sale. lender or •t. - signee may purchase t ne <br />r1•sperty at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver <br />to the purj:a-ser Trustee's deed convcyi!,tO. the Property. The <br />recital~ in thr, T'rustee's deed shall be ptittta facie evidence of the. <br />truth „t ttic �'TateinentS made therein. Trustee shall apply the pro- <br />ceeds of the sale in the foll4sving order: (a) to all expr? macs of the <br />sale, including. but not IritxiteJ to. Trustee's fees as t#,miitted by <br />applicable law and reasu.u% >.e attorneys' fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the per- <br />son or persons legally entitled to it. <br />Page 3of5 HtJDl21�3Dt <br />lJ <br />