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� � <br /> l <br /> 89�-. �.0631 q <br /> � madc shali bc added ca�hc principal�um o��ing un �he Ah��ve 1?. The Borro«e� funhcr agrecs that should this instrument and <br /> note, shall be secured herchy.and shall bear interesc at the �ate set the note secured hereby not be eligible for insurance under the Na- <br /> forth in the said note, until paid. cianat Itousing Att��iihin eigt�t ntunths frum the date hereof <br /> (Hriuen statement aP aay of�cer of the Departmrnt oP Housing <br /> 7. That the Borrower he�eby pssigns, transPers and sets rn•er to and UPoan Decelapment or authorized agcnt ot the Secretary o1' <br /> the Lender, to be applicd toward the payment of the note and all Housing and Urban De�•elopment dated subsequent to the eight <br /> sums se�ured hereby in case oP a default in the performance of months' time i'rom.the date of thls instrument,declinin�to insure <br /> any of the terms and conditions of this instrument or the said said rtote and this mongage. being deemed conclusive proof oi <br /> nate.ap the rents, re�•enues and income to be derived from the such inetigibility), the Lender or holder of the note may, at its op- <br /> said premisea during such time as the indebtedness shall remain tion, declare ap sums secured hereby immediately due and payable. <br /> unpaid. and the l.ender shall have power to appoint any agent or Notwithstanding the foregoing, this optian may not be cxercised <br /> agents it muy desire for the purpose of repairing said premises and by the Lender or thc holder of the note when the ineligibility for <br /> of renting the same and collrcting the rents,revenues and ineome, insurance under the National Housing Act is due to the Lender's <br /> and it may pay out �f said inwmes all expenses of repairing said failure to remit the mortgage insurance premium to the Depart- <br /> premisec and neces.��commissions and expenses incurred in rent- ment of Housing and Urbar� Deveopment. <br /> ing and�nan�qing t�e same and of collecting rentais therefrom; <br /> the balan��e rrma9�nin�.iP any, ta be applied co�rard the discharge 13. That if the Borro�vor fails to make any payments of money <br /> of said indebtedness. �vhen the same become due,rr fails to conform to and comply <br /> with any af the canditions or a�reements containai in this instru- <br /> 8. That the Borrower w•ill keep the improvements now• existing ment. or the note which it secures, thcn the entire principal sum <br /> oc herealter erected on the property. insured as may be required and acerued inte�est shall at once become due and payable, at the <br /> from tnme to time by the Lender against loss by fire and other election of the Ler_der. <br /> hazards, casualties an3 contingencies in such amounts and for such <br /> periods as may be �equired by the Lender and will pay pramptly, Lender shaU gi�•e notice to Borrower prior to acceleration <br /> when due, any premiums on such insurance pro��ision for payment Following 8orro�cer's breach of any cocenant or agreement in this <br /> of whicl�has not been made hereinbefore. AU insurance shall be instrument (but net prior to acceleration under pazagraph 12 <br /> carried �a wmpanies approved by the Lender and the policies and unless applicabte la��•provides otherwise). The notice shall specify: <br /> reneKa;s thereof shall be held by the Lender and have attached (a)the defauJt; (b) the action required to cure the default; (c) a <br /> thereto loss payable ciauses in Pavor oP and in :orm acceptable co date,not less than 30 days feo�the dato the notice is gicen to <br /> the Lender. in event of loss Borrower will giti-e anmediate notice Bono�ver. by �vhich the defavRt must be curtd; and (d)that failure <br /> bp mail to the Lender. who may make proof of ioss if not made to cure the default on or before che date specified in the notice ! ' <br /> promptlx by Borrower.and each insurance rnmpany concerned is may result in acceleration o1'the sums securee! by thls instrument ' �'�• <br /> hercbr authorized and directed to make pay�ment for such toss and sale of the Propeny. The notice shaU fnrther inform Bonower .;� <br /> directly to the Lender instead of to the Borrower and the Lender of che right to reinstate after acceleration and the right to bring a ; � <br /> _ . iointiv, and the insurance proceedsr ar anc narc chereof, may he r���n a�tlnn rn a��ss r�P fl��.�V,LLtncr Qf s defas:li cr::�r a:h;r <br /> applied by the Lender at its option eithrr to the rcduction of the drfznse of Borrower to acceteration and sale. If the default is not • - <br /> indebtednas hereby secured or to the restoration or repair of the rured on or before the date specified in the natice. Lendor at �ts �.-` <br /> property damaged. ln event of foreclosure of this instrument or option may require immediate payment in fu!1 of all sums secured <br /> other transfer of title ta the mortgaged propert}� in extinguishment by this instrumen[ �vithout Punher demand and may invoke the <br /> of the indebtedness secured hereby, aU right,citle and interest of power of sale and any other remedies permitted by applicahle law. <br /> the Borrower in and to any insurance policies then in force shall Lender shall be entitled to colleet all expenses incurred in putsuing �� <br /> , pass to tho purchaser or grantee. the remedies provided in this paragraph 13. including, �ut not <br /> limited to. reasonable attorneys' fees and casts of title evidence. - <br /> 9. 'Fhat as additional and collateral security for the payment oP - <br /> the note described,and all sums to hecome due nnder this instru- If the power of sale is invoked, Trustee shall record a�otice of <br /> ment,the Borrower hereby assigns to the Lender all profits, defaa3t in each county in which any pan of the Pro <br /> pem is located <br /> revenues. royattia, rights and benefits accruing ta the Borrower and shall mail copies of such notice in the manner pracr�bed by <br /> under any and all oil and gas leasa on said premises. with the applicable law to Borrower and to the other persons precribed by <br /> right to rcceive and receipt for che same and apply them to said applicable law. After the time tequired by applicable law, Trustee <br /> indebtedness as well before as afcer default in the conditions of shall give public r.otice of sale to the persons and in tha manner <br /> . this instrument.and the l.ender may demand, sue for and recover pres��ibed by applicable laa•. Trustee, without demand an $or- • `� <br /> : any such payments when due and payable, but shall not be re• rower, shall sell the Propeny a¢ public suction to the tiighat bid- +� <br /> quired so to do.This assignment is to terminat�and become null der at the time and place and eu�der tbe terms designated in the }:._ <br /> and void upon rdease of this instrument. notice of sale in one or more parcels and in any order Trustee ' ��- <br /> ' determines. Trustee may postpone sale of a�t or any parcel of the • <br /> 10. That the Borrower will keep the buildings upon said premises Propeny by public announcement at the time and place of any <br /> in good repair,and neither commit nor permit waste upon said previously scheduled sale. Lender or its designee may purchase the <br /> land,nor suffer the said premises to be used for any unlawPul Propeny at any sale. . � <br /> purpose. <br /> Upon receipt of payment of the price bid,Trustee shaU deliver <br /> I1. That if the premises,or any pan thtreof.be condemned to the purchaser Trustee's deed conveying the Praperty. The <br /> undts t2sc power oF eminent domain.or a��quired for a pubiic use. recitals in the Trustee's deed shall be prima facie evidence of the <br /> � the tlamaYes�►wuded. the procads for the taking of, or the con- truth of the statements made therein. Trustee shall apply the pra <br /> sideration fot such acquisition.to the extent of the full amount of ceeds of the sale in the following order: (a) to all expensa of the <br /> inckbtedness upon this instrutnent and the note which it is given to sale, including. but not limited to, Trustee's fees as permitted by <br /> secure remaining unpzid, are hereby assigned by the Botrower to applicabie law and reasonable attorneys' fees;(b)to all sums <br /> the L,ender,and shall be paid fonhwith to said Lender to be vp- secured by this Security lnstrument: and(cl any excess to the per- <br /> plied by the latter on account of the next maturing instal(ments of son or persons tegally entitled tv it. <br /> such indebtedness. <br /> Page 3 of 5 �• . HUD�92113DT <br /> ..-. . .s . <br /> �..— � �— .,J <br />�. �� <br /> � <br /> . .�� �� <br />. �. . <br /> � � <br />