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.,.' <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 acid directed to make payment for such foss directly to <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the iasuraetx proceeds, or any part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby sewed or to tltc restoration or repair of the property <br />ctiaygxd Ire event of foreclosure of this instrument or other transfer <br />of title to the nlon god property in extinguishment of the <br />iadebtedaesa secured hereby, all right. title W. interest of the <br />liarovW is grad to any insurance policies Ott frrce shall {sass to <br />title purchaser or grantee. <br />S1. That as additional and collateral sect"t lei rtert! of the <br />note described. and all sums to bec0me dim;D7tla this'!1tistrument. . <br />the Borrower hereby assigns to the D endear sit profits, revenues. <br />asdralties, rights gad benefits accruing to the Borrower under any and' <br />,.;tod and gas leases on said premises, with the right to receive and <br />. oceipt for the same and apply them to said indebtedness as well <br />Wore as sfter default in the conditions of this instrument, and the <br />Lender may demand, sue for and recover any such payments when <br />dire and payable, but shall not be required so to do. This assignnsent <br />3$-.W terminate and become null and void upon release of this <br />..irtistrtrmerut. <br />10. Thrct :3W. Borrower will keep the buildings upon said premises <br />in good re*'r and neither commit nor permit waste upon said land. <br />,Mr suffer the said premises to be used for any unlawful purpose. <br />f: t?tat premises, or any part thereof, be cond tuned under <br />,(he power'.6oziaent domain, or acquired for a public use, the <br />damages awtuded. 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 />secure remaining unpaid. are hereby assigned by the Borrower to the <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 />C2. The Borrower furthtV Agrees that should this hw -,rent and <br />tike note W,4p-.td hereby not be eligible for insurance Wrt+rr the <br />National %ctua;ag Act within eight months from the date hereof <br />(written stWrmnt of any officer of the Department of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />aipd When Develofxtteat dlxtcd subsequent to the eight months' time <br />Barn the date of this iase+rr at. declining to insure said note and <br />ais ntorgW,, being deemed conciusne yrwf of such irstig:bi!iLY). <br />Oe Lender tiv holder of the note may. at its'option, declare all sunts <br />secured fiefty immediately due and payable. Notwithstanding the <br />liv te;oing. this option may not he exercised by the Lender or the <br />ko &r of the note when the ineligibility for insurance under the <br />National l'hetrsing Act is due to the Lendei s failure to remit the <br />morop, — drtnoe premium to the Departnsent of Housing and <br />Urban Devi vinent. <br />13. That if the BorrvRm, tails to make axv payateM of money <br />wilm the same become',41W. or fails to vanfortrt to :'qrl e,*mply with <br />(4 <br />1- <br />[IT= <br />any of the conditions or agreements contained in this instrument. or <br />the note which it secure& then the entire principal sum and accreted <br />interest shall at once become due and payable, at the election of the <br />Lender. <br />Lender shall give notice ;o Borrower prior to acceleration <br />following Borrovrees 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 notice shall specify: (a) the:: <br />default.; (b) the action required to care fire default; (c) a date, OGLADM <br />than 30 days from the date the notice is given to Borrower, by .:, <br />the default must be cured; and (d) that failure to Win (lie default 62' <br />as bekm tine date speciWin the aotltie.;tr,ay resuih t letatf+irz ` <br />oftbe.swfr vcured by this inWvn.ti"X sak ofih.- Pro0eft:+:;'1Tie <br />-r, "kr inform Borrgww nt'Ae tight to reinstate cider., <br />spa o=rs and the fight to bring a c -i action to assert the non- <br />Yci a default or asiy other defC of Borrower to <br />accefem,*;and sale. if the default is.ohl.cured on or before the dale <br />speGfeb 4.1, to notice, Lender at its q# son may require immedit . <br />payment rim full of all sums secured by this instrument without::i -` <br />further demand and may invoke the power of sale rrizd any 011 <br />remedies permitted by applicable law. Lender shalt be(M<, W, 44 <br />collect all expenses incurred in pursuing the remedie§, peen 4 in <br />this paragraph 13, including, but not limited to, ressonable <br />attorneys' fees and costs of title evidcr'cc- <br />If the power of sale isAnvoked, Tfwxep shall record a noticc�d- <br />default in each coun',Y in which any part of the Property is-located <br />and shall marl copies of such notice in site manner prescribed by <br />applieahlf. law to Borrower and to thepliuer persons prescribc#fiy <br />applicable law. After the time requiifdsby applicable law, TfWrx_ <br />shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trmtee, without demimd 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 one or more parcels and in any cider Tnrttee determines.'lfrustee <br />may postpone sale of all or any parcel of the Property by ptthfir-' <br />announcement at the time and place of any previously sett Mies <br />sale. Lender or its designee may purchase the Property at any sale. <br />Upow ruruipt of payment of tba price bid. Trustee shall deliver to <br />tlr. purchaser Trustee's deed convt1ling the Property. The recitals in <br />the Trustee's dad shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale <br />in the following order: (a) to all expanses of the sale, including, but <br />not limited to. Trustees fur as permitted by applicable law and <br />reasonable attorneys' fees, (b) to .a.11'suim secured by this Security <br />Ias:rurrcnt; and (e) any excess 11 tine (rerson or nerstfns legally <br />entitled to it. <br />14. lJpafr accetration under pf. uV r. ph 13 or abandonment of the <br />Property, ):ender (in person, by alga of by judicially appointed <br />receiver) shall be entitled to enter a", take possession of and <br />manage the Property Uld to collect the rents of the Property <br />including those past due. Any rests collected by Lender or the <br />receiver shall be applied first to payment of the axis of management <br />of the Phtlxrty and collection of fcals�, eluding, but not limited to. <br />receivtieu Bees, premiums on receivtr'..T bonds and reasonable, <br />attarney's fees, and then to the sums'seeured by this instrument. <br />Page 9 of 5 -- <br />�� <br />MN 1614301-1 <br />J <br />a <br />-i <br />