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r <br />mad,: shall be added to the principal Sum irking on the above <br />note, shalt be secured hereby, and shall bear interest at the rare+: slit <br />forth in the saii note, until paid. <br />T. -Thi -t ik Harrower Weby assigns, man4cri and Sms over to <br />the Lender, to be applied toward the payment of the note and all <br />sums secured hereby in cause of a defauk in the performance of <br />any of the terms and conditions of this instearricat cr the said <br />note, all the rents, resents and income to be derived Cr.;m the <br />SAW premises duruti sttch time as the indebtedness shall ratttait'm. <br />unpaid. and the Lender shall have pewer to appoint. anti agenr or <br />writs it may desire for the putpoFK of repairing said premises V.d <br />of renting the same and collecting the rent::, rr enues and incomi. <br />and it may pay out of said incemas all e>iWce,; of rzpair.'.ng s,Iid <br />premises and necessary commissions and exlxnrti^s incurred in r,41,- <br />ing and managing the same and of cellecting rentals v5cr.frvm:.: . <br />Ii. -ihe' Borrower further agrees that should this instrument and <br />the time secured bereby not be eliigtble for insurance under the Na- <br />Venial- Housing Aqi, within eigM months from the due; hereof <br />— €widifgeu stalemett :nf:a�. of£Lnr : of. the Heparx -taw It o_fMousi,4 <br />and Urban DevekKiment or autfwriM agent of the Secretary of <br />Hou!,ing ,arid Urban [kelopaxnt dated subsequent to the eight <br />m,mN1tr'>tine from the date of this instrument4 decline to insure <br />said: nuic and this mortgage. being deemed'concWhe. proof of <br />S40 ineligibility), the Lender or holder of the note nary, at its op- <br />Coit. declare all sums secured hereby immediately due and payable. <br />Notwithstanding the foregoitig, thin option may not be exercised <br />by the Lender or the holler of the note when the ineligibility for <br />insurance under the National Housing Act is due to tine Leader's <br />failure to remit the mongage insurance premium to the Depart- <br />ment of Housing and Urban Detieopment. <br />the balance remaining. if any. to be applied toward the diwharlo: 13. That if the Borrower fails to make any payments of money <br />of said indebtedness. when the same become due, or faiL3 to conform to and comply <br />with any of the conditions or agreements contained in 0& instru- <br />B. That the Bwower will keep tlits - improvements new eti.aittg stem. or the note which it secures, then the entire principal sum <br />or hereafter era:ted bn the property, insured as: ma=r be a :quis -.J and accrued interest shall at once become due and payptble. at the <br />from time to time by the Lender against loss b9 ffty and ether elution of the Lender. <br />harards, casualties and' contingencies in such arneunrs and for sacft <br />periods as.may be required by the tender and :su91 yay promptly,... <br />when due. any premiums on such ins-arince praiiWon for payment <br />of which has not been made hereinbefors.: All: itlr.Jn=ce shall be <br />carried in companies appioted by the Lender-and tusk policies and <br />renewals thereof shall be held b+• the Lender, and haul dttached <br />therein loss payable clauses in. (aver el° and in f4mir :acceptable to <br />the Leader. In event of loss Borwwer will give immidiute rxaice <br />by retail to the Lender. who may mattu proof of toss if not made <br />promptly by Borrower. and each iitf uranec C'einpany concerned is <br />hereby authorized and directed to ittali. payme=nt for such loss <br />directly to the Lender inztaad-all tor- the ;8ormwer and the Lender <br />jointly. and the insurance proccede. "et. any pai: thereof, may be <br />applied by the Lender at its option either to the reduction of the <br />indebtedness hereby secured or 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 Borrower in and to any insurxri:e policies then in fora shall <br />pus to the purchaser or grantee. <br />9. That as additional and collateral sa-uni3r. Qr the payment of <br />the note described, and all sums to become d ca:• under this instru- <br />ment, the Borrower hereby asswnv t 1ti Linder all profits, <br />revenues. royalties, rights and Imatfioi dcciuing to the Borrower <br />under any and all oil and gas leases on said premises. with the <br />right to receive and receipt for the same and apply them to said <br />indebtedness as aeb:'tiefore as after default in the conditions of <br />this instrument. and the Lender may demand. fete for and recover <br />art <br />1 utch payments when due and payable. bui r"all ri :e :t r4- <br />c`;tuiiitf to to do. This assignment is to terminit^ A' n6 !,(= me. null <br />d�sd v6d upon release of this instrument. <br />10. That the Borrower will keep the buitdn,.-65 upon said premises <br />in Rood repair. and neither commit tier perm=it Aaste upon said <br />land, nor suffer the said premiscy to be used for any unlawful <br />purpose. <br />1. That if the premises, or any pan 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 />stderation 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 />*awe remaining unpaid. are hettby assigned by the Borrower to <br />the Lender. and shall be paid forthwith to said Leader to be ap- <br />plied by the latter on account of the next niatumis installments of <br />such indebeedries>. <br />Lmdcr _haMtri.e notice to Borrower prior to acceleration <br />felrinwirg. Borrower's breach of any covenant or agreement in this <br />imstr ument (but not prior to acceleration under paragraph 12 <br />unless applicable raw provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default•. (c) a <br />date. not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be ca=red: and (d) that failure <br />to cure 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 sale of the Propen). Tits catice shall further inform Borrower <br />of the right to rein.srare after acceleration and the right to bring a <br />court action to assert the non-existence of a default or any other <br />defense of BorrowtT to acceleration and sale. If the default is not <br />cured on or before the dart specified in the notice. Lender at its <br />option may require immedia,�: riyment in full of all sums secured <br />by this instrument without farther demand and may invoke the <br />power of sale and any other remedies permitted by applicable law. <br />Lender shall be e,-Vitled to collect all expenses incurred in pursuing <br />the remedies provixted in this paragraph 1-% including, but not <br />limited to. rc&4. able attorneys' fees and costs of title evidence, <br />If the power of sale is invoSiM, Trustee shall record a; Tictice of <br />default in each ct anty in w!';t.+h any part of the Property: e; located <br />and shall mad wrK� * of such notice in the manner prescribed by <br />applicable law ' a R,=ower a.'tcl to the other persons precribed by <br />applicable taw: A1`ter the t=ale -equired by applicable aa,, Trustee <br />stigi-,give public notice of safe lies the persons and ;M fEai rtt:aaner <br />pr rt: :ribed by applicable taw..,t'rUstee. %464 ;a t. demand ,6% nor - <br />rower. shall sell the Propen) "ir public �tpwr_ to the highest bid- <br />der at the time and place and under the ;•inns designated in the <br />notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may povViimc sale of all or any parcel of the <br />Property by public announcement at the time and place of any <br />pre.iously scheduled sale. Leader or its designee may purchas,- the <br />Property at any sale. <br />Upon receipt 'itf paymerr ice the price bid, Trustee shall deliver <br />to the purchaser Trustee's disci c=onveying the Properly. The <br />recitals in the Trustee's deed shad be prima facie evidence of the <br />truth art the statetmenta made therein. Trustee shall apply the pro- <br />ceeds of the sale in the following order: (a) to all expenses of the <br />wle. including, but not limited to, Trustee's fees as permitted by <br />applicable law and reasonable attorneys' fees; (b) to all sums <br />secured by this Security instrument; and (c) any excess to the per- <br />son or percorts legally entitled to it. <br />Pago 3 of 5 MWO2143DT <br />L <br />VIA <br />1 a <br />44 <br />_J_- <br />