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i <br />t <br />i <br />i <br />t <br />f: <br />s <br />r <br />Will a f <br />apply them to said indebtedriesx as well before as after default in the conditions of thii instrutrrent, acrd the Lender Wray de- <br />mand, sue for and recover any such payments when due and payable, but shall not be required so to do. This assignment <br />is to terminate and become null and void upon release of this instrument. <br />10. That the Borrower will keep the buildings upon said premises in good repair. and neither commit nor permit waste <br />upon said land. nor suffer the said premises to be used for any unlawful purpose. <br />11. That if the practises, or any put thereof. be condemned under the power of eminent domain; or acquired for a public <br />use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisition. to the extent of the full <br />amount of indebtedntets upon this instrument and the now which it is given to secure remaining unpaid, are hereby assigned <br />by ft.- Borrower to idle Lender, and shall be paid fordtwith to said Leader to be applied by the latter on account of the next <br />nANAng installments of such indebtedness. <br />12. The Borrower farther agrees that should this instrument and the note secured hereby not be eligible for inwtsttce <br />under the National Horsing Act within eight months from the date hereof (written statement of any officer of the Depattrnent <br />of Housing and Urban Development or authorized agent of the Secretary.of Housing and Urban Development dated subse- <br />quent to the eight months' time from the date of this instrument. declining to insure said note and this mortgage, being deem- <br />ed conclusive proof of such ineligibility), the under or holder of the note may. at its option, declare all sums secured hereby <br />immediately due and payable..Netwithstuding the foregoing, this option may not be exercised by the Lender or the holder <br />of the note when the ineligibility for insurance under the National Housing Act is due to the Lender's failure W retort the <br />mortgage insurance premium to the Department of Housing and Urban Development. <br />13. That if the Borrower fails to make any payrmats of money when the same become due. or fails to conform to and <br />comply with any of the conditions or agreements contained in this instrument, or the note which it secures, then the entire <br />principal sum and accrued interest shall at once become due and payable. at the election of the Lender. <br />Lender shall give notice to Borrower prior to acmTvration following Borrower's breach of any covenant or agreement <br />Ls ti *s instrument (but not prior to accelerration un&r paragraph 12 unless applicable law provides otherwise). The notice <br />sire specif} fad the default; (b) the action required to cure the default. (c) a date, not less than 30 days from the date the <br />neiice is giver, to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the <br />date: specified in the notice may result in acceleration of the sums secured by this instrument and sale of the Property. The <br />W-ka . shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert <br />ft non- existence of a default or any other defense of •Horrower to acceleratiod. wad sale. If the default. is not cured on-0 ' F <br />before the date specified in the notice, Lender at its q lion may require immiaide. payment in full of all sums se6 red b <br />this instrument without further demand and may invoVe the power of sale and any other remedies permitted by applimlile <br />izw. Lender shall be entitled to collect all expenses. 6--,!aced in pursuing the remedies provided in this paragraph. l3; in- <br />4u ing. but not limited to..reasonable attorneys' f0i.itd costs of title evidence. <br />if the pov?ir- of sale is invoked. Tr,� frw shall record a notice of default in each county in which any part. of the Pi"Perty <br />is located and sftail mail ccp,;,% of such notice in the m.4nner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable Q4 After the time requires l4- .applicable law. Trustee shall give public notice of sale to tho persons <br />and in the manner presciL -W by applicable law.. t-imm. without demand on Borrower, shall sell the Praperfyr atjpublic <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or mnm..parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time and place of any previously scheduled sale. Lender or its designee may purchase the Propertyatiany•sale. <br />Upon receipt of pays, mic 13f the price bid. Trusiev shall deliver to the purchaser Trustee's deed catn Wing the Properly. <br />The recitals in ttta Trustees deed shall be prima facie evidence of the truth of the staters made therein. Trish shall <br />apply the proceeds of the sale in the f �- Vivuing order: (a) to all expenses of the sale, inch duag, but not limited to. T Tiox's <br />fees as permitted by applicable law ar41::easonable wormys' fees; (b) to all sutras securelf I;y this Security Instrument; and <br />(c) any excess to the perict.t or persons legally a wie;zd to it. <br />14. Upon acceleration under paragr40,13 or abandonment of 1ho Property, Lender Eire person. by agent or by judicially <br />i pointed receiver) shall be entitled to triter upon, take possessx:io� iif and manage the Property and to collect the runts of <br />t1My property including these past due. Any rents ozl•±,ected by lender or the rryeiver shall be applied Cirst to payment of <br />*..costs of management, of the Property and colh wWvo of rents. including -- but not limited to, fees. premiums <br />tint receiver's, fronds and reasonable Atio-ricys' fees. and then to the sums secured by this instrument. <br />iS. Ups Payment of all sums secures by this instrument, Lender shall request Trustee to reconvey tlie; Property and shall <br />surrender this instrument. mum all notes evidencing debt secured by this instrument to Trustee. Trubt6l, sfiall reconvey the <br />Property without wartant� and without charge to the person or persons legally entitled to it. Such pen+rn or persons shall <br />pray any recordation costs. <br />16. Lender. at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed <br />he, a rider by an intturnent recorded in the county in which this instrument is recorded. Without conveyance of the Property, <br />the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. <br />17. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property <br />Addms. <br />IB. If one or nose riders are executed by Borrower and recorded together with this instrument. the covenants and agreements <br />of cub such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this instrument <br />as if the rider(s) .sere a part of this instrument. <br />19. The covenms herein contained shall bind. and the benefits and advantages shah inure to, the respective heirs. ex- <br />ecutors. odmirtistrauxs, successors. and assigns of the parties hereto. Whenever used, the singular number shall include the <br />plural the plural the singular. and the use of any gender shall include ail gcrtdcrs. <br />Paps 3 of a . <br />a <br />i <br />is <br />.f <br />e~ <br />e` <br />I <br />_.a <br />