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410'-- <br />�L <br />event of loss Borrower will give immediate notice by marl to the <br />Ltrtder. who may matte proof of loss if not made promptly by <br />Sarrower, and each iasuramce a money oMwi ned is hereby <br />authorized and directed to make payment for such toss directly to <br />the L4.ttder imtead of to the Borrower and the Lender jointly, attd <br />dr. ithurawce proceeds. or any part thereof. may be applied by the <br />Leader at its option rider to the reducxioa of the indebtednen <br />hereby secured or to the restoration or repair of the property <br />daataged, le C'Matof foreclosure of this instrument or other trawler <br />of title to the m4rImed propeny it extinguishment of olio <br />iNkbtedma se+c(rred hereby, all right, title and interest of the <br />Borrower in and to any insurarxe policies then in force shall pass to <br />the purchaser or grantee. <br />4 , That as additional and collateral security for the payment of the <br />merle described. and all sums to become due under this instrument <br />tea Borrower hereby assigns to the Lender all profits, revenue% . <br />royaldm right aW benefits accruing to the Borrower under any and <br />AD oil and gas kases on said premises, with the right to receive and <br />receipt for the shire and apply therm to said indebtedness as well <br />before as after default in the conditions of (*4-, instrument, and the <br />Lender may demand, sue for and recover any such payments when <br />duc and payable. but shall not be required so to do. This assignment <br />is to terminate and become rtaRr, l void upon release of dhs <br />instrument <br />10. That the Borrower wu( ►'ii..�jshe b; i upon s..Opremises <br />'mood repair. and neither cam, i. gar is ,M-'2: waste cylx ; said land, <br />rtitarrtuffer the said premises tit t':icd fGu 2.cyiunlawfut'Purpose. <br />I. That if din prratisea, or any part tbcr64 be condemned under <br />the power of err:inent 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 arA the note which it is given to <br />secure remaining unpaid. are hereby assigned by the Borrower to the <br />Leender, and shall be paid fonbwi h to said Lender to be appw by <br />flit latser on account of the W,xt unuuring installments of such <br />ir;�, *dulness. <br />12. The Borrower further agrees that should this inst -w irran :and <br />the note smuMOIRreby not be eligible for imai;'ance undia:.Ae . <br />National Hous4Act within eight months from the date i5v'i v <br />(written statement of any ei3R'* of the !department of Hauung ar d <br />Urban Development or autfttr6td agent of the Secretary of Housing <br />and Urban Development diem£ wbsoquent to the eight months time <br />from the date of this irstrunte4 declining to insure said note and <br />this mortgage. being deemed omdusive proof of such ineligibility), <br />the Lender or holder of the ruiti (nay, at its option, decl m iA sum <br />secured hereby immediately cue and payable. Notwithst;tatdiatg the <br />foregoing, this option may not be exercised by the !.ender or the <br />holder of the note where the ineligiBility rx. LIsurance under the <br />National Housing Act is due to the Lender's failure to remit the <br />doge insurance premium to &,,e Department of Housing and <br />Urtw (Development. <br />13. That if the Borrower fails to nuke any payments of money <br />wben the same become due. or faits to conform to and comply with <br />any of the conditions or agreements contained in this instrument or <br />the note which it secures, then the entire principal sum and accrued <br />interest shall at nave becorx due andpaysb c. at the election of the <br />Lender. <br />Lender shall Five notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant oragreemeat 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 cure the default, (c) a date, not less <br />than 30 days from the due the notice is given to Borrower, by which <br />the default at,. tiott 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 aed sale of the Property. The <br />notice shall further inform Borrower orthe 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 />specified in the notice. Lender at its option may require immediate <br />g►ayment in full of all sums secured by this instrument without <br />T„rther demand and may inroke the power of sale and any other <br />remedies permitted by applicable law. Lender shall be entitled to <br />collect all expenses incurred in pursuing this remedies provided in <br />this paragraph 13, including, but not limited to. reasornsble <br />attomeys' fns and costs of title evidence. <br />If the po•' of sale is involved, Trustee shall record a notice of <br />default in eit•Iaounty in which any part of the Property is boata <br />and shall roe,, espies of such notice in the manner presmbed by <br />applicable taw to Borrower and to the other persons prescribed by <br />applicable law. After the time required by applicable law, Trustee <br />shall give p+iTft notice of sale to the persons and in the manner <br />prescnlW it ±• "apsplicablc law. Trustee, without demand on Borro+vcr, <br />shall sell to Rif pony at public auction to the highest bidder at the . <br />time and plim. and under the terms designated in the notice of sale <br />is one or my rt- jurcels and in any order Trustee determines. Trustee <br />may postpa?,,.sale of all or any parcel of the Property by public <br />announcerntin at the time and place of any previously scheduled <br />sable. Lender -_c i1a designee may purc:.acsvtbe Property at any sale: <br />Upon rr d 0'1' paYinw%d the price bid, Trustee shall deliver to <br />Zitt'ppuurdtaser Trustee's i red conveying the Property, "floe recitals in <br />hilt Trustees deed shall be prima facie evidence of titre !�-uth of the <br />statements ode therein. Trustee shall apply the proceeds of [he sale <br />in the following order: (a) to all expenses of the sale.,including, but <br />not limited to, Trustee's fees as permitted by appliczARt law and <br />reasonable attorneys' fetes; (b) to all sums secured t �,Ws Security <br />Instrumizu,'And (c) any excess to the person or persflcti kplly <br />entitled r•;; it,. <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property, Lender (in person, by agent or by judicially appointed <br />remiver) slatJ be entitled to enter upon. take possessica of and <br />manage the i'.ivperty and to collect the rents of the Property <br />including those past due. Any rents collected by tender or the <br />receiver shall be applied first to payment of the costs of management <br />of the Property and collection of rents, including. but not limited to. <br />receiver's fees, premiums on receiver's bonds and reasonable <br />attorney's fees, and then to the sums secured by this instrument. <br />Paaa 3 or 8 <br />A <br />H{IQ•fJt1>IOT•t <br />W <br />