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l <br />,t. <br />l <br />-Z37 - <br />�- ....rrl ,o.... :: �. , y fA -Ihe .. - att�o( the conditions or yt�eentenut conu�ed is t>� atatrutetatt. or - -- <br />t dun. who my mke proof of log d not oak promoy by dun note which it secures, tkea the eon priscnpd suns alit -act — - — - - - <br />B0110we. and each iaawaaoe CMMY moon" is M"y interest shall at once became due and payable, at the dectim of the <br />a... , ianf as+drtrstrF - -tor wake payanent for stick iossdirocgy so isad" <br />the La der Wood of to the Imam and tie fades jointly, sad <br />tie iasatam, pracnmba or may pan thtxeot way be applied by the <br />La dw at its opias anther to the redmctioa of tie iadebodoes <br />h a b'smemred or io the nalorataa or repair of tie PAY <br />de mpd. Ice evest of tareol0 - P, (Adis i mm mm or other traasfef <br />of tick to the mor"Wil property in extisgoislwoft of the <br />iadebtedatas secured kreby, M right. We sad iiaoerest of the <br />9M.0wa is and to arty insurance policies tkrca in force shall pass to <br />tie- pttrchanx or grassee. <br />9 That as additioad sad ooUsleral security for the paynteat of the <br />now datcribed. and sat sans to beoowe die under this iattruseat, <br />the Borrows hereby assigns to I* Lender aB Pm ft reveases, <br />royalties, rig o and benefits am tuing to the Boawer under any sad <br />a1Lodt and gas leases oa said p vsaisa, with the night to tuze fe and <br />receipt for the same and soy them to said wdebte� as well <br />bdore as a&r d&Wt is the conditions of this Emstrumerrt, and the <br />Leader may demaad, site for and recover air, SQCb payeaeM when <br />due and payabk but shall not be required sum do. Thn aaraignmat <br />is to terminate and become cuff rand void upon release of Phis <br />instrument. <br />10 That the Borrower will keep the bu W14P upon said premism <br />is good repair, anti: neitber commit nor perwiit' waste upon said land., <br />wr, soft the said premises to be used for any unlawful,paup: se. <br />11. That if the premism or nay part thereof. be cotndonianed under <br />the power of eminent domain, or aequiredlbua public use. the <br />damages awarded, the proceeds for the tai4i0tE tA, or the <br />consideration for such acquisition, to the aiAw t -'d the full amount of <br />indebtedness upon this instrui mat, zed the nc* which itis.)rven to <br />secure remaining unpaid, are 6athy assigned by the BGmwe'r to the <br />Lender, and sWf, be paid forthwith to said Ilmd t to 6 spoed by <br />the tatter on acc+aaat of the next maturing irttt3c'mrits of such <br />indiebtWoes& <br />12. The Borrower further agrees that should this instramvat and <br />tie tote secured hereby not be eligible for insurance under the <br />National Houdeg Act within eight month , firm the date hereof <br />(whiles su caacat of any officer of the pepatumnt of Housing and <br />Urban Development or authorized a jetet 4 I be Secretary of Housing <br />and Urban Development dated subsequent to the eight months' time <br />from the date of this insttuwarit, declining to insure said note and <br />tines aorop, being deemed coac:lusive proof of sucb Ineligibility), <br />the lender or holder of the note nay, at its option, dalare all sums <br />secured bereby istne ttely due and payable. Notwithrtanding the <br />foregoing, this option nay not be exercised by the Lender or the <br />holder of the note when the ise4obility for insurance under the <br />National Hotta* Act is due to the Leader's failure to remit the <br />mortgage issarance pressium to the Department of Housing and <br />Urban Devebpatent. <br />13. That if the Borrower fails to make any payments of money <br />when the same become due, or fails to conform to and comply with <br />Leader shall give notice to Borrower prior to acceleration <br />fogowiag Borrower's brescb of any covenant at agrees at in this <br />instrument (but not prior to acceleration under paragraph 12 unless <br />applicable law provides otherwise). The awke shall spe W. (a) the <br />debult; (b) the action required to cure the default; (c) a due. not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default trust be cured; and (d) that faiare to cure the default on <br />or before the date specified in the notice may result is acceleration <br />of the sums secured by this instrument and sale of the Properly. The <br />notice shall further inform Borrower of the not to reinstate after <br />Moctletatias tad the tight to brio# a court action to sstest the aoa- <br />w tism aw of a default or any other dtdeore of Borrower to <br />accehation and sale. If the defnWt is not trued on or before the date <br />specified in the notice, Lender at its optimr: may require immediate <br />payment in full of all sums realise by Oft instrument without <br />further demand and may invokk the power of sale and any other <br />mail es permitted by appiii t113e law. Derider shall be entitled to <br />collect an expenses inenrrod: 1;1 pursuing the remedies provided in <br />this paragraph 13, including, but not Ism WI to, reasonable <br />attomeye foes lad casts of title evidentce - . <br />If the power of sale is inviA'ad. Trustee skall record a notice of <br />fletault in each county in Which any part of the Prop;rryis located <br />and shall mail copies of "(waive in the.manar presrbibed by <br />applicable law to Borrower aid to the oOw persons praaibed by <br />applicable law. After the um required by applicable law, Trustee <br />shall give public notice of sikto the persons and in the manner <br />prescribed by applicable 14* Yrastee, without demand on Borrower, <br />shall sell the Property at pctiriu: auction to the highest bidder at the <br />time sad place and under the terms designated in the notice of sale <br />in one or more parcels and in any order Trustee determines. Trust e <br />may postpone sale of all or any pared of the Property by public <br />announcement at the time ja place of any previously sulscduled <br />sak. Lender or its design arty purchase the Property, stsny sale. <br />Upon receipt of payment of the price bid, Traatee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustees deed shall be prima facie evidence of the truth of the <br />statements made therein ToWee shall apply the proca mb of the sole <br />in the following order: (a) to all expo o of the sak, including, but <br />not limited to. Trustees fees as permitted by applicable law aced <br />reasonsbk attorneys' fees; (b) to all sums secured by this Security <br />Instrument and (c) any excess to the person or persons legally <br />entitled to it. <br />14. Upon acceleration under paragraph 13 or aba Axwent of the <br />Property. Lender (ice person, by agent or by judicially appointed <br />receiver) shall be entitled to eater upon, take possession of and <br />manage the Property and to collect the rents of the Property <br />including those peat due. Any rents collected by Lender or the <br />receiver shall be applied first to payment of the costs of management <br />of the property and collection of rents. including, but not limited to. <br />receiver's fees. premiums on receivers kwKb and reasonable <br />attorney's fees, and then to the sums sewed by this instrument. <br />Pays 3 of 5 <br />tiuo.tnMOT•n <br />l_ <br />U. 1 <br />1 -.- <br />