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0 <br />MI& shall be added to the principal sum owing on the above <br />tote, shall be secured hereby. ana•shall bear interest at the rate set <br />forth in the said note. until paid., <br />7. That tltt 8_orrowes hereby assigns, transfers and sets over to <br />- � >;�� to — toward [ e�piy�tneni o3 tFe wets ar►d 1 <br />starts secured hereby in case of a default in tie performance of <br />any of the tams and conditions of this instrument or the said <br />note. &Babe rms. mvnues and incoft to'be derived from the <br />said preseim Ausing such time as the indebtedness shall remain <br />unpaid. and the Lender shall have power to appoint any agent or <br />agents it may desire for the purpose of repairing said premises and <br />of rentityg the same and collecting the rents, revenues and income, <br />and it may pay out of said incomes all expenses of repairing said <br />P. and necessary commissions and expenses incurred in rent- <br />ird and managing the same and of collecting rentals therefrom; <br />the balance remaining. if any, to be applied toward the discharge <br />of said indebtedness. <br />8. That the Bofrower will keep the improvements now existing <br />or hereafter erected an the property, insured as may be required <br />from time to time by the Lender against loss by fum atilt other <br />19twar415. casualties and contingencies in such amountrr and for such <br />periods as may be required by the Latder'and will pay promptly, <br />when due..4sy premiums on such insurance provision for payment <br />of which W not been made hereinbefore. Al) 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 />thereto loss payabk clauses in favor of and in form acceptable to <br />the Lender. r.r•.-event of loss Borrower will give immediate notice <br />by mail to The Ltnder. who may make ,.Vf of loss if not made <br />promptly in Bi_irtower, and each insuran» .company concerned is <br />hereby authorized and directed to make payment for such loss <br />da'.rectly to the Lender instead of to the Borrower, scxf tire' Lender <br />MTal), and the insurance proceeds, or any part thtirra;1:. may be <br />applied by ils,r Lender at its option eittir.:. ra the redt. ion of the <br />indebtedness hereby secured or to the r•.t c,nratioa or repair of the <br />property damaged. In event of foreclCM,.n: of this instrument or <br />other transfer of title to the mortgaged property in euinguishment <br />rf the indebtedness secured hereby, all ri ht, title arid: b3terest of <br />the Borrower in and to any insurance pti:fs then in !or ;e shall <br />pass to the purchaser or grantee. <br />9. That as additional and collateral security for the payment of <br />^ia nnte described. and all sums to becorne due undo! this instru- <br />,mm?, ttic Borrower hereby assigns to the Lender all profits. <br />lnx.enues. rcyalties. rights and benefits accruing to the Borrower <br />under any acd all oil and gas teases on said premises,. with the <br />right to receive and receipt for the same and apply them to said <br />indebtedness -as well before as after default in the conditions of <br />this instrument, and rte fP-'T cT may demand. sue for and recover <br />any such payments when &c and payable. but shall not be re. <br />quired ss to d'i- This assignment is to terminate and become null <br />and void of +:?t;• release of this instrunmir. <br />i0. That the Borrower will keep the buildings upon said premises <br />Ira good repair, and neither commit nor permit waste upon said <br />hLod. nor suffer the said premises to be used for any unlawful <br />�trrpose. <br />II. That if the premises, or any pAvt thereof, be condemned <br />under the power of ami"61V domain. e%T inquired for a public use, <br />rhi damages awtirded, [fir lv\V.ccds for the taking of, or the con- <br />sideration for such acquisit;On. to & 1&trent of the full amount of <br />indebtedness upon this instrument a>kl the note which it is given to <br />secure remaining unpaid, are hereby - 6411111ed by the Borrower to <br />the Lender, and shall be paid forthwith to said Lender to be ap- <br />plied by the latter on account of the next maturing installments of <br />such indebtedness. <br />V. T'he Borrower further agrees that should this instrument and <br />the note seured hereby not be eligible for insurance under the Na- <br />tional Housing Act within eight months from the date hereof <br />(written statement of, any officer of the Department of Housing <br />_ and Urban_Develnpxnmt or authorized agm of the Socret� of -- <br />[.lousing and Urban Derrlopmernt dated subsequent to the eight <br />months' time from. tine date of this instrument, declining to insure <br />said note and this mortgage, being deemed conclusive proof of <br />such inel'igibiiity). the Lender or holder of the note tray, at its op- <br />tion, declare all stuns secured hereby immediately due-and payable. <br />Notwithstanding the, foregoing, this option may not be exercised <br />by the Lander or the holder of the note when the ineligibility for <br />insurance under the National Housing Act is due to the Leader's <br />failure to rerhit the mortgage insurance premium to the Depart- <br />ment of Housing and Urban De%vopmem. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to attd comply <br />with any of the conditions or agreements contained in this instru- <br />ment, or the note which it secures, then the entire principal sum <br />and accrued interest shall at once become due and payable, at the <br />election of the Lender. <br />Lender shall give notice to Borrower prior ter &s_cxleration• ; <br />following Borrouw's breach of airy covenant or agmtment itt this' <br />instrument (but not prior to acceleration under paragraph 12 <br />unless applicable law pro-vides otherwise). The notice shall'specff,�t-. <br />(a) the default: (b) the action required to cute the default; (cl a <br />date, not less than 30 days from the date the notice is given to <br />Borrower. by which t& dfd'ault must be cured; and: 41 that failure <br />to cure the default on rnr-fxefore the date specified: ire, !fie notice <br />may result in acceleration of the stuns secured by.ti fs 4nstrument <br />and sale of the Property. The notice shall funher4f6rm Borrower <br />of the right to reinstate after accelOurfah and the )Uht to bring a <br />court actions to assert the non- existence of a defaull.:.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 expenses incurred in pursuing <br />the remedies provided 41his paragraph 13. including, but not <br />limited to. reasonable amrneys' fees and costs of title evidence. <br />If the power of sale is invoked. Tfs!stea shall record a notice of <br />default in ca: :h county in which arl (?alit of the Property is located <br />and shall mr« li,coples of such notice iWille mariner • prescribed by <br />applicable law to Borrower and to the other pervaiws precribed by <br />:ippltcabie law. ,After the time required by applicable law. Trustee <br />leaf, cinr l *.lic notice of sale to the persons and in the manner <br />lit applicable law. Trustee. without demand on Bon. - <br />trwatr� 41Y�t "r sell the Property at public auction to the highest L'iti> <br />der at the time and plane and under the terms denigrated in the <br />natict of safe in one ot.more parcels and in any• ;ord& Trustee <br />determines. Trustee may postpone sale of all or ally parcel of the <br />Property by public announcement at the time and place of any <br />previously scheduled sale. Lender or its designee otay purchase the <br />Propniy'at any sate. r <br />Upon receipt of payment of the price bid. Tranec•shall deliver <br />to the . psrchaser Trustee's deed conveying the Property. The <br />recita:•s its the Trustee's deed shall be prima facie evidence of ,t1M! <br />truth ol'.Alw statements made therein. Trustee shall apply the Ilto- <br />•.ceeds of the sale in the following order: (a) to all expenses of the <br />sale. including, but not limited to. Trustee's fees ai permitted by <br />applicable law and reasonable attorneys' fees; (b) to all sums <br />secured by this .security, tnsTrumenc, and (c) any excess to the per- <br />son or persons legally entitled to it. <br />Page 3 of 5 • ' • • 921430T <br />T <br />