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r <br />event of loss Borrower wdl 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 />autborized and directed to make payment for such loss directly to <br />the Lender instead of to the Borrower and the Linder jointly. and <br />the insurance proceeds. or any part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure of this instrument or other transfer <br />of tick to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right, title and interest of the <br />Borrower in and to any insurance policies then in force shall pass to <br />the purchaser or grantee, <br />9. That as additional and collateral security for the payment of the <br />note described, and all sums to become due under this instrument, <br />the Bortower hereby assigns to the Lender all prcrim revenues. <br />royalties, rights and benefits accruing to the Borrower under any., and <br />all oil wed gas leases on said premises, with the e4ht to receive and <br />receipt fart the same and apply them to said indebtedness as W,611 <br />befurr• as after default in the cendWans of this instrument. and the <br />Lender may demand, i°ue for and recxsver any such payments when <br />due and payable, beet: dull not be required so 1•u. da. This assignment <br />is to tein atc and become null and void upon rrlc w of this <br />10. That the Borrower will keep the building upon said premises <br />in good repair. art4. ndther commit nor permit waste upon said land, <br />nor suffer the said premises to be used for any uuEzwfvI purpose. <br />11. That if the premises. or any part thereof, be condemned under <br />the power of eminent 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 (Attie full amount of <br />indebtedness upon this instrument and the note which it is given to <br />soewrrrrinaining unpaid, are herebrti_tiissigned by the Borrower w the <br />Lendr - and shall be paid forthwit i to said Lender to be applied: by <br />the latter on account of the next maturing installments of such <br />indebtedness. <br />12. The Borrower further agrees that should this instrument x nd <br />the note secured hereby not be eligible for insurance under tie <br />National Housing Act within eight months ftc n.tile date hereof <br />(written statement of any officer of the Depactnrenr of Housing and <br />Urban Development or authorized agent of the Secretary of Housing <br />and Urban Development dated subsequent to the eight month-- time <br />from the date of this instrument, declining to insure said note:4wd <br />this niartgage. being deemed conclusive proof of such ineligdNitfy). <br />the Leadler or holder of the note may, at its option, declare all sums <br />secured hereby immediately due and payable. Notwithstanding the <br />foregoing, this option may not be exercised by the Lender umr tke <br />hoWex of the we when the ineligil;dity for insurance under ilia <br />Natior%Wl Housing Act is due to the Lender's failure to remit Otte <br />nwrISW insurance premium to the Department of Housing and <br />Urban Development. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due. or fails 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 once become due and payable, at the ekction of the <br />Lender <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrowers 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 cure the default (c) a date, not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that fitilure to cure the default en <br />or before the date specified in the notice may result in acceleratiair <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert the non - <br />ex.cc4ence of a default or any other defense of Borrower to <br />rccelcration and sate. If the default is not cured on or before the date <br />specilied.in the irntice, Lender at its optiammay require immediate • <br />payment in full of all sums secured by this instrument without <br />further demand abd may invoke the power of sale and any other <br />remcdies'permitted by applicable law. Lender shall be entitled to <br />ccllest all expenses incurred in pursuing the remedies provided in <br />this paragraph 13. including, but not litnitedto. reasonable <br />attomeys' fees and costs of title evidence_ <br />If the power of sale is invoiced. Trustee shall record a natice of <br />default in each county in which any pan of the Property is located <br />and shall mail copies of such notice in the manner presc6bW by <br />applicable law to Borrower and to the other persons prescribed by <br />applicable law..Wxr the time required by applicable law. Trustee <br />shall give pubis! utice of sale to the persons and in the manner <br />pcescnbed by applicable law. Trustee. without demand on &,crower, <br />shall yell the Property at public auction to the highest bid ftrr 47 the <br />time and placr- sct3 under the terms designated in the not.w of sale <br />in one or mcv w. raccels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announcement at the time and place of any previously 54 ayuled <br />silts. fender or its designee may purchase the Property aa.my sale. <br />Upon resetFIC-f, payment of the price bid`, rnztee shall deliver to <br />the purchase: " rztee's deed conveying the Fh7s -arty. The recitals in <br />the Truuce< ,:logy shall be prima facie evidence of Ae truth of the <br />starrr;.c.i . rnwV.`C therein. Trta.ut 4alf apply the proccaf, ,af the sale <br />is r'tt: :i ii: a :r.,g order: (a) for 4 r penses of the sale, including. but <br />mx• r.: ",tier ;,, iiustee's fees as permitted I~y upplicable law and <br />reawra'a�z,ci���r,�s rs' fees; (b) to all sums ^ecaur ;sd by this Security <br />Instrument. andro any excess to the perseaf3r persons legally <br />eraiz'ed to it. <br />14. Upon ad;a:leration under paragraph 13 ar abandonment of the <br />Property, Lender (ir, person, by agent or by judicially appointed <br />receiver) shat: Ise entitled to enter upon, tails: possession of and <br />manage the Property and to collect the rents of the Property <br />including those past due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the vests of management <br />of the Property and collection of rents. including, but not limited ter. <br />receiver's fees, premiums on receivers bonijk and reasonable <br />attorney's fees. and then to the sums securaXhy this instrument. <br />Paw 3 of 5 <br />r � f ' Mt)D•l�U1t1T•t <br />i <br />, lh <br />r <br />6 <br />