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?ripe 3 of 5 HU0l21430T <br />• J <br />i' <br />t <br />,.._J <br />made shall be added to the princpal sum owing on the above <br />12. The Botro*cr further agrees chat should thi?. hkr.tmettt and <br />note, shaft be secured hereby. and shall bear interest at the rate sett <br />the Hate secured hereby not be eligible for irtsurane a under the No- <br />t forth in the said note. until paid. <br />tional Housing Act within eight tnm>ftths from the date hereof. <br />(Nritten stater MA of any officer of the L'epartmcttt of Hswsang <br />7. That the Borrower hereby assigns. transfers and sets over to <br />and Urban Development or attithoriaed awl of the Secretary of <br />- — - - -the LerideT, to & 3pplied toward -the payment of the note and alp <br />HaWnj- and -Urb& DeveV0pntennt acid subsequeftt to [ire 0411 <br />- <br />- sums secured hereby in case of a default to the performance of <br />months' time from the date of that instrument, declining to insure <br />any of the terms sad coadidama of this instrument or the said <br />said note and this mortgage, being deensed conclusive proof of <br />note. #2 the runts, revetides' Sind incx)frse to be defivtd frotri the <br />such inelitibibip. the Lsitiler or holder of the terse my. at its ap- <br />=' <br />said premises during such time as the indebtedness shall remain <br />lion, declare all sums secured hereby immediately due and payable. <br />unpaid. and the Lender shall have power to appoint any asent. or <br />Nomithuandint the foretoins. this option may Hoe be exercised <br />agents it may desire for the purpose of'repairing said promises and <br />by the Lender or the holder of the tote when the ineligibility fa• <br />of renting the same and collecting the rents, revenues and income, <br />insurance under the NatimW Housing Act is due to the Lender's <br />and it may pay out of said incomes all expenses of tepainng said <br />failure to remit the mortaase insurance premium to the Depan- <br />preoncs and necessary commissions and expenses incurred in rent - <br />mrert of Housing and Urban Deveopment. <br />ing and mattagiug the same and of collecting rentals therefrom; <br />the balance remaining, if any, to be applied toward the discharge <br />13. That it the Borrower fails to nuke any payments of money <br />of said indebtedness. <br />when the same become due, or fails to conform to and comply <br />with any of the conditions or agreements contained in this ingru. <br />. <br />8. That the Borrower will keep the imptt+t•emettts now existing <br />meet. or the note which it secures, then the entire principal sum <br />_ <br />or hereafter erected on the property, insured att.may be required <br />and accrued interest shall at once become due and payable, at the <br />'Croni time to tiot by the Lender against loss. by fire and other <br />election of the Lender. <br />hazards, castraWts and contingencies in such amounts and for such <br />periods as may be required by the Lender and will pay promptly, <br />Lender shall give notice to Borrower prior to acceleration <br />when due, ante premiums on such inwrance provision for payment <br />following Borrower's breach of any covenant or agircei tent in this <br />, . • : :.... <br />of which has not been made hereinbefore. All insurance shall be <br />instrument (but not prior to acceleration under paragraph 12 <br />carried in companies approved by the Lender and the policies and <br />unless applicable law provides otherwise). The notice shall specify: <br />renewals thererafsi'rall be held by the Lender and have attached <br />(H) the default; (b) the anion required to cure the default; (c).a <br />thereto loss payable clauses in favor of aria in form acceptable to <br />date. not less than 30 days from the date the notice its given tar, <br />the [.ender. In oiw; of loss Borrower wilt give immediate notice <br />Wrrctwer. bj, which the default must be cured; and (d) that. fitilure <br />by trail to the Lender. who may make proof of loss- if not. made <br />to cure the default on cr before the date specified in live notice ! <br />promptly by Borrower. and each insurance company uwncomed is <br />may rssult in acceleration of the sums secured by this itltaiunteitd: <br />._ <br />hereby au%horiAd and directed to make payment for such, loss <br />chid sale of the Property. The notice shall further inform )orro%6 <br />t <br />directly to the- Lcn,!er instead of to the Borrower and the Lender <br />ref the'right to reinstate after acceleration and the fight to bring a <br />jointly, ar)d ft insurance proceeds, or any part thereof, may be <br />:court action to user the non-existence of a default or any other <br />applied by the kender at its option either to the reduction of the <br />deferrse of Borrower to acceleration and sale. If thc.default is not <br />isdat' Wriess hereby secured or to the restoration or repair, of the <br />cured on or before the d eta spedficd in.the no4m Lender at its <br />proptiar y damaged. in event of foreclosure of this instrument or <br />option may require immediate payment. in full of ale sums secured <br />other transfer of title to the mortgaged property in extinguishment' <br />.by. this instrument without further demand and may, invoke the <br />of the indebud mss secured hereby, all right,- title and interest of <br />prisver of sale and any other remedies permitted by applicable law. <br />the Borrower fur and to any insurance poNt.'ici then in ,fierce shall. <br />4,nder shall be entitled to calletct 411,expenses incurred in pursuing <br />pass to the purchaser or grarrtct. <br />the remedies, provided in this paragraph 13* including, but not <br />limited to.!irxsonabk attorneys' fees anti: casts of title evidence.,. . <br />�. That as a4ditional andi .olfateral security for the puyinenr <br />the note and allsv!ms to be =•once due under !his tpar - <br />If the power of sale is invoked, Trustee shall wwlId :-a notice of <br />ment, the arrix*ur hembyassgns to the Lender all profits, <br />default in each county in which any part of the Ply is located <br />revcmm, royaltio.- rights and benefits accruing to the Borrower • <br />and shall mail copies of such notice in tine mannerr prescribed by <br />utu w, any and all oil and gas leases on said premises. with the <br />applicable law to Borrower and to the ux?& persons precribed by <br />rid':! to receive and receipt for the same and apply them to said <br />applicable law. After the time required °t applicable law. Trustee <br />indebtedneu as.wetf before ia'••affer defauff, its the conditions of <br />shall give public notice of sale to the persons and in the manner <br />i <br />this instrumenr.'and the Ltttc� Huy slctpbinria,_sue for and recover . <br />prescribed by applicable lbw. Trustee, without demand on Boo. <br />any such pa),nott's• when dac .atad payable. but shall not be re- <br />Nwer. shall tell the M-q�wly. at public auction to the hl hest bid - <br />quirtd so to do. This "s ;j mcpt is to terminate and become null <br />der at the r :,ate amt p;;;i�:w and under the terms designated in the. <br />and void upon release of i146 instrument. <br />notice'Cl'' a is °i per, �a Morc parcels axd in any vrder Truster '• :: , <br />determivee. T4u tWtuciy postpone sale of all or aaV,paitcel of 1l4;! ' <br />10. That the Borrower will keep the buildings upon said promsts <br />Property ley j;ulolic announcement at the time and ltfilwt; of any <br />- <br />in rood repair, and neither commit nor permit waste upon said <br />pp.,viausly scheduled sale. Lender or its designee mov purchase the <br />land, ruts, iWer the said premises to be used for any unlawful <br />P operty at any sale. <br />purp4!r . <br />Upon receipt of payment of the price' Lid, Trustee shall deliver <br />IS, That if the premises, or any part thereof, be condemned <br />ao the purchaser Trustee's deed conveying the property. The <br />under the powct of eminent domain, or acquired for a public use, <br />tcriials in the Trustee deed shall be prima facie evidenm of the <br />the damagm aitraiefed. the proceeds for the taking of, or the con- <br />truth r,f the statententti made therein. Trustee shall apply the pro - <br />sideration foc'siKh acquisition. to the extent of the full amount of <br />coeds of the sale in the following order: (a) to all expenses of the <br />indebtedness upon this instrument and the note which it is given to <br />sale, including, but not limited to, Trustee's fees as permitted by <br />secure remaining unpaid. are twreby assigned by the Borrower to <br />applicable law and reasonable attorneys' fees; (b) to all sums <br />life Lender, and shall be paid forthwith to said Lender to be ap- <br />secured by this Security instrument; and (c) any excess to the per- <br />plied by The Weir on account of the next maturing installments of <br />son or persons legally entitled to it. <br />such indebtedness. <br />?ripe 3 of 5 HU0l21430T <br />• J <br />i' <br />t <br />,.._J <br />