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<br />104948
<br />apply them to said indebtedness as well before as after default in the conditions of this inurumeni:.pnd the Leader may dew
<br />tratnd. sug for and recover any such payments when due and payable, but shall not be required kilto 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. gammit nor permit waste
<br />upon said land, nor suffer the said premises to be used for any unlawful purpose.
<br />11. That if the premises, or any part thereof. be condemned under the power of eminent domain; tar acquired for a public
<br />use, the damages awarded, the proceeds for the taking of, or the consideration for such acquisitioni.to the extent of the full
<br />-- -- anat ny of i�..:�s -upor. this iastru:sscrI sad the rote which it is -givsn to �^ure_ remsuning- uppAd. are itereby assi _.. - - -- - - -- - - - - -. - - - --
<br />by the Borrower to the Leader, and shall be paid forthwith to said Lender to be applied by. the laths on account of the next
<br />maturing installments of such indebtedness.
<br />12. The Borrower further agrees that should this instrument and the note secured hereby n0fbe eligible for insurance
<br />under the National Housing Act within eight months from the date hereof (written statement of any"Officer of the Department
<br />of Housing and Urban Development or authorised 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 ptraef of such ineligibility), the Lender orholder of the note may, at its option, doctane all sums secu,-ed hereby
<br />imrnediately due and payable. Notwithstanding the feregoing, this option may not be examined by the Lender or the War
<br />of the note when the ineligibility for insurance wide tbg� National Housing Act is due to the Lender's failure to ran tl
<br />mortgage innsura= premium to the Department of Oo ,ing and Urban Development.
<br />13. That if 6e Borrower fails to make arty payments of money when the same become due,: or fails to conform in i�d
<br />comply with any of the conditions or agreements contained in di-N.instrument, or the note which it secures, then the entire
<br />!. principal sum and accrued interest slr_'_' at once becop. .I payable, at the election, of the Lender_
<br />Lender shalt give notice to Borrower pror to acm5tration inl' � i+ :ng Borrower's breach of any covenant or agreement
<br />- in this insttv:�ne�1r(but not prior to accele&= :on under paragraph lir rimless applicable law provides othenlvise). The nr*tice
<br />s4 ilt i7- iLy'the default; (b) the action 're irk is �s�* tine 60.1_'y.; (c) a: deers; not.le<s, than 30 days: the deers the
<br />to Borrower, by which the :•u!s inwi: lit curers;. :�. {d) that .C�lure to'tae rite defau[t -m or before the
<br />date specified, in the notice may result in auaaeleration of the sums: �m=ed by this instrumeistn ind sale of the Property. The
<br />notice shall further inform Borrower of ilk: tight to reinstate after agar leration and the right to tiring a court action to assert
<br />the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or
<br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by _
<br />this instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable
<br />law. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 13, in-
<br />cluding. but not limited to. reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked. Trustee shall record a notice of default in each county in which any part of the Property
<br />is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons
<br />prescribed by applicable laws After the time required by applicable law. Trustee shall give public notice of sale to the persons
<br />and in the manner prescribed by applicab.'tt: iaw. Trustee, withapt defnand on Borrower. shall sell the Property df.public
<br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels
<br />=d, in any order Trustee determines. Trustee may posrr..ne sale of all or any parcel -of ,the Property by puLYB. announcement
<br />at the time and place of any previously scheduled see,:. Lender;an• its designee may purchase the Propent , at my �!Jyc.
<br />Upon sec ? t of payment of the price toil. Trustee shall deliver do the purchaser Trustee's deed convgittg the Va ry.
<br />71ar`recitals in' 'ft Trustee's deed shall be prima facie evidence of the truth of the statements made themx6n. Trustee shall
<br />apply the prmwih;of the salt- in the following order: (a) to all expenses of the sale. including, but not. lim;:ed to, Trustee's
<br />fees as per= 61%d ny applicable law and rminnable attorneys' fees, (6) to all sums secured by, tit %s S&arity Instrument.,,. Mil
<br />(c) any excess t:.r the person or persons I'aemally entitled to it.
<br />9.4. 'Upon acceleration under paragraph 13 or abamaament of the Property, Lender (in person, by agent- or by judicially
<br />appointed receiver) shall be entitled to enter upon; taker possession of and manage the Proporty and to uiiect the rents of
<br />the Property irpw :rAing those past due. Any rents collected by Limier or the receiver shall be applied .first to payment of
<br />the costs of management of the Property and collection of rents, including, but not limitaf to, receiver's fees, premiums
<br />on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this instrument.
<br />15. Upon payment of all sums secured by this instrument. Lender shall request Trustee to reconvey the Property and shall
<br />surrender this instrument and all notes evidencing debt secured by this instrument to Tmgee. Trustee shall reconvey the
<br />Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall
<br />pay any recordation costs.
<br />16. Lender. at its option, may from time to time remove Trustee and appoint a successes traatee to any Trustee appointed
<br />hereunder by an intrument recorded in the county in which this inasument is recorded. Without conveyance of the Prai?er'y,
<br />the successor trustee shall succeed to all the title. power and duties conferred upon Trustee herein and by applicable law.
<br />17. Borrower requ;,sts that cupie, of the notices of default and sale be sent to Borrower's adifress which is the Prorerty �
<br />Address.
<br />18. If one or more riders are executed by Borrower and recorded together with this instrument, the covenants and agreements
<br />of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this instrument
<br />- as if the rider(s) were a part of this instrument. r'
<br />19. The covenants herein contained shall bind, and the benefits and advantages shall inure to, the respective heirs. ex-
<br />ecutors, administrators, successors. and assigns of the parties hereto. Whenever used, the singular number shall include the `
<br />k plural. the plural the singular. and the use of any grader shall include all genders.
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<br />_ Page 3 of 4 Form HUD- 92113DT Rev. 2188 61Pt
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