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. <br />7 <br />periods as may he required by the i cruder and will pay promptly, <br />when due, any prethiums on such insurance provision for payment <br />of which has not been made hereinbefore. All insurance shall be <br />carried in companies approved by the Lender and the policies and <br />renewals thereof shall be held by the Lender and have attached <br />d weto loss payable clauses in favor of and in force acceptable to <br />the Lender. In event of loss Borrower will gice immediate notice <br />by retail to the Lender, who may make proof of loss tf not made <br />promptly by Borrower, and each insurance company concerned is <br />hereby authorised and directed to crake payment for such toss <br />directly to the t.etnder instead of to the Borrower and the Lender <br />jointllt. and the insurance proceeds, or any part thereof. may be <br />appiit~d,by the Lender at itt+ option either to the reduction of the <br />indtibludness hereby secured ar to the restoration or repair of the <br />property damaged. In event of foreclosure of this instrument or <br />other transfer of title to the mortgaged property in extinguishment <br />of the indebtedness secured hereby, all right, title and interest of <br />the 9orrower in and to any insurance policies then in force shall <br />pass up the purchaser or grantee. <br />. 'i?cat as ac it:ranal and ua`, ,;�e 4 sc%%!T:i*,;p `.OT the payment of <br />thoitote descriNr ;w ;uf all su :msta i ecorn .•f :c tinder this instru- <br />mettar;the Borrowei:'�rereby assrgr& ;d the Lender all profits, <br />rermovs, royalties. rightsi and bAmwn' s accruing to the Borrower <br />unkm any and all oil and gas (Gawks on said premises. W i °.h : he <br />right to receive and receipt for the same and apply then; :a+ said <br />indebtedness as well before as after default ei Vilne conditions of <br />this instrument, and the Lender may dernaA:..ZSe for and recover <br />any 5;.,xh payments when due and payable, &i, shall not be re- <br />quitvd so to do. This assignment is to terrr,;w,,.e and become null <br />and void upon release of this instrument. , <br />ID. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said <br />land. nor suffer the said prernkcs to be used for any unlawful <br />purpose. <br />1t. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public use, <br />the damages, awarded, the proceeds for the taking of, or the Con- <br />sideration for such acquisition. to the extent of the full amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid. are hereby assigned by the Borrower to <br />the lender. and shall be paid forthwith to said !.ender to be ap- <br />plied by the latter on account of the next maturing installments of <br />such indebtedness. <br />Lender shalt give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 <br />unless applicable law provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (c) a <br />date, no, less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure <br />to care the default on or before the date specified in the notice <br />may result in acceleration of the sums secured by this instrument <br />and sate of the Property. The notice shall further inform Borrower <br />of the right to reinstate after acceleration and the right to bring a <br />croon action to assert the non- existenve of a default or any other <br />defense of Borrower to acceleration and sale. if the default is not <br />cured on or before the date specified In the notice, Lender at its <br />option may require immediate payment, in full of all sums secured <br />by this instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable -law. <br />Lender shall be entitled to collect all expenm incurred in putr,Uiny <br />the remedies proei3ed in this paragraph 13, including, but not <br />limited to, reasi* tole attorneys' fees and txtxm , of title evidener. : <br />It the power of sate is invoked, Truster. shail itevni tr. ittruca 6 <br />default in each county in which any part of flat irrrt is..IOC3ttxi <br />and shall mati (: pies of such notice in dig - m �s::ter presl ribed by <br />applicable Wv ro Borrower and to the alber persons precribed by <br />applicable law: lifter the time required by applicable law, Trustee <br />shall give public notice of !s,le tp the persons and in the manner <br />prescribed by applicable fa,*; .Trustee. without demand on Bor- <br />rower, shall sell the Proper) at public auction to the highest bid- <br />der at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. "Trustee may postpone sale of all or any parcel of the <br />Property by publu: announcement at the time and place of any <br />previously scheduled sale. Lender or its design-.c may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements mate therein. Trustee shall apply the pro - <br />cecds of the sale in the following order: (a) to all expenses of the <br />sale. including, but nut limited to. T'rustee's fees as permitted by <br />applicable taw and reasonable attorneys' fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the per - <br />wn or persons legally entitled to it. <br />Pape 3 of 5" a HU6921i3DT . <br />1 , <br />b <br />y2,G. <br />lti+ry'. <br />i <br />89-- .105135 <br />made shall be added to the principal sum owing on the above <br />t2. The Borrower further agrees that should this instrument and <br />tote, shall be secured hereby, and shall bear interest at the rate set <br />the note secured hereby not be eligible for insurance under the Na- <br />fotih in the said note. until paid. <br />tional Housing Act within eight months from the date hereof <br />(written statement of any officer of the Deputment of Housing <br />—T: fat [lte�OrrOWiT �CtS, irutaiersiti,'r� cis �iFc'i ��- <br />'vii � �t°4?ry Lf -- ad- �" e l ! -- - <br />- - -- - - - - - <br />the Lender, to be applied toward the payment of the note and all <br />Housing and Urban Development dated subsequent to the eight <br />sums secured hereby in caw of a default in the performance of <br />months' time from the date of this instrument, declining to insure <br />- <br />my-of the terms and conditions of this instrument or the said <br />said note and this mortgage, being deemed conclusive proof of <br />note. all the rents, revenues and income to be derived from the <br />such ine4biliity), the Lender or holder of the note may, at its op- <br />m W premises during such time as the indebtedness shall remain <br />tion. declare all sums secured hereby immediately due and payable. <br />w" W. and the Lender shall have power to appoint any agent of <br />Notwithstanding the foregoing, this option may not be exercised <br />Writs it may desire for the purpose of repairing said premises and <br />by the Lender or the holder of the note when the ineligibility. '120 <br />of renting the same and collecting the rents, revenues and income, <br />insurance under the National Housing Act is due to the <br />and it may pay out of said incomes all expenses of repairing said <br />failure to remit the mortgage insurance premium to thept<r:: <br />paeemises and necessary commissions and expenses incurred in rent - <br />ment of Houei:_i-g•zad urban Deveopment <br />ing and managing the same and of colledkig t;ft*"als therefrom; <br />> •'.. :. .: ... <br />the balance remaining, if any, to be app;ied.p the discharge <br />13. That if iJ,,ia, iroaer 'w i3;tra. e a3' cci rla i river <br />i <br />of said indebtedness. <br />what the san*, T. came +�e:, !,N Put �nztt�. ,`r` i pt* <br />uith"any of tut eo;.ditioits or ieettients ip d in this inst' <br />rs <br />9 „ the Borrower Kilt keRp rFtr i;rtfs'rt•eiteEnt� it M°tiu+,'�cz <br />merw. �= tP� tnax which it sauces. then titti t(re principal sum <br />t; <br />or iiir colter erected t f)re pr rl, ., i,ftpr... zs may ix a ra!+ <br />and a.txttef atu��+zss shall at once become s+e and payable, at the <br />from time tot me g 16'' �.etnder against lots' by fire and other <br />eleaiim of the L6der. <br />harards, casualde3'attd contingencies in such amounts and for such <br />periods as may he required by the i cruder and will pay promptly, <br />when due, any prethiums on such insurance provision for payment <br />of which has not been made hereinbefore. All insurance shall be <br />carried in companies approved by the Lender and the policies and <br />renewals thereof shall be held by the Lender and have attached <br />d weto loss payable clauses in favor of and in force acceptable to <br />the Lender. In event of loss Borrower will gice immediate notice <br />by retail to the Lender, who may make proof of loss tf not made <br />promptly by Borrower, and each insurance company concerned is <br />hereby authorised and directed to crake payment for such toss <br />directly to the t.etnder instead of to the Borrower and the Lender <br />jointllt. and the insurance proceeds, or any part thereof. may be <br />appiit~d,by the Lender at itt+ option either to the reduction of the <br />indtibludness hereby secured ar to the restoration or repair of the <br />property damaged. In event of foreclosure of this instrument or <br />other transfer of title to the mortgaged property in extinguishment <br />of the indebtedness secured hereby, all right, title and interest of <br />the 9orrower in and to any insurance policies then in force shall <br />pass up the purchaser or grantee. <br />. 'i?cat as ac it:ranal and ua`, ,;�e 4 sc%%!T:i*,;p `.OT the payment of <br />thoitote descriNr ;w ;uf all su :msta i ecorn .•f :c tinder this instru- <br />mettar;the Borrowei:'�rereby assrgr& ;d the Lender all profits, <br />rermovs, royalties. rightsi and bAmwn' s accruing to the Borrower <br />unkm any and all oil and gas (Gawks on said premises. W i °.h : he <br />right to receive and receipt for the same and apply then; :a+ said <br />indebtedness as well before as after default ei Vilne conditions of <br />this instrument, and the Lender may dernaA:..ZSe for and recover <br />any 5;.,xh payments when due and payable, &i, shall not be re- <br />quitvd so to do. This assignment is to terrr,;w,,.e and become null <br />and void upon release of this instrument. , <br />ID. That the Borrower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said <br />land. nor suffer the said prernkcs to be used for any unlawful <br />purpose. <br />1t. That if the premises, or any part thereof, be condemned <br />under the power of eminent domain, or acquired for a public use, <br />the damages, awarded, the proceeds for the taking of, or the Con- <br />sideration for such acquisition. to the extent of the full amount of <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid. are hereby assigned by the Borrower to <br />the lender. and shall be paid forthwith to said !.ender to be ap- <br />plied by the latter on account of the next maturing installments of <br />such indebtedness. <br />Lender shalt give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph 12 <br />unless applicable law provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (c) a <br />date, no, less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure <br />to care the default on or before the date specified in the notice <br />may result in acceleration of the sums secured by this instrument <br />and sate of the Property. The notice shall further inform Borrower <br />of the right to reinstate after acceleration and the right to bring a <br />croon action to assert the non- existenve of a default or any other <br />defense of Borrower to acceleration and sale. if the default is not <br />cured on or before the date specified In the notice, Lender at its <br />option may require immediate payment, in full of all sums secured <br />by this instrument without further demand and may invoke the <br />power of sale and any other remedies permitted by applicable -law. <br />Lender shall be entitled to collect all expenm incurred in putr,Uiny <br />the remedies proei3ed in this paragraph 13, including, but not <br />limited to, reasi* tole attorneys' fees and txtxm , of title evidener. : <br />It the power of sate is invoked, Truster. shail itevni tr. ittruca 6 <br />default in each county in which any part of flat irrrt is..IOC3ttxi <br />and shall mati (: pies of such notice in dig - m �s::ter presl ribed by <br />applicable Wv ro Borrower and to the alber persons precribed by <br />applicable law: lifter the time required by applicable law, Trustee <br />shall give public notice of !s,le tp the persons and in the manner <br />prescribed by applicable fa,*; .Trustee. without demand on Bor- <br />rower, shall sell the Proper) at public auction to the highest bid- <br />der at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. "Trustee may postpone sale of all or any parcel of the <br />Property by publu: announcement at the time and place of any <br />previously scheduled sale. Lender or its design-.c may purchase the <br />Property at any sale. <br />Upon receipt of payment of the price bid. Trustee shall deliver <br />to the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the <br />truth of the statements mate therein. Trustee shall apply the pro - <br />cecds of the sale in the following order: (a) to all expenses of the <br />sale. including, but nut limited to. T'rustee's fees as permitted by <br />applicable taw and reasonable attorneys' fees; (b) to all sums <br />secured by this Security Instrument; and (c) any excess to the per - <br />wn or persons legally entitled to it. <br />Pape 3 of 5" a HU6921i3DT . <br />1 , <br />b <br />y2,G. <br />lti+ry'. <br />i <br />