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:� <br /> � � <br /> � - --------�—--—__._--- — ----S�.d,,. 1��� <br /> apply them ta suid indebtcdncs�as well t►efiire as�fae�default in thc condilians�i this instrument. and thc Lender may de• <br /> mund, sue for nnd recover a�y such payments��hen due and payuble. b��t shall not be requircd so ta do. This assignmcnt <br /> is to termioate and hecume nult und vuid upon releuse of this inst�ument. <br /> r t0. That thc Bcirrawer►�ill keep the huildings upon said pnmiscs in g�xx1 reprir,und neithcr cammit aar perniit waste <br /> Iupan s�id land. nor suffer the said premises to be used for any unlawfu! purpase. <br /> 11. That if the premises,ar any part thereof.be condemned under the power of eminent domain�ar ucquired for a public <br /> use,the damages awarded, the praceeds for the taking of,or the cansideration for such ucquisitian,to the extent af the full <br /> amount of indebtedness upon this instrument and the note which it is givcn ta serure remainins unpuid.are hereby assigned <br /> by the Sarrower to the Lender.and shall be paid forthwith ta said l.ender to be applied by the latter on account of the next <br /> maturing insta0ments of such indebtedness. i <br /> 12. The Borrower further agrccs that shmuld this instrument and the note secured hereby nat be eligihle far insurance � <br /> . under thc National Hausing Act within eight inanths from the date hereof(written statement of any ufficer of the Depanment i <br /> af Housing and Urban Development ar authorized agent of the Secretary of t�ousing and Urban De�•etopment dated subse- <br /> quent to the eight manths'time from the date of this instrument,declining to insure said note and this mortgage.being deem- , <br /> ed rnt�ctusive praof uf such ineligibiliry).the Lender or holder of the note may,at its option,declure all sums secured hereby ' <br /> immediately due and payable.Notwithstar,ding the foregoing.this optian may not be exercised by the Lender or the holder I <br /> of the note when the ineligibility far insuranre under the National Housins Act is due to the l.ender's failure to remit the I <br /> mortgage �nsuranee premium cu�i►e Deparuue«i ui' rivu�iug a��d L'�Lw,� Dcti�c2apra�n:. �I <br /> 13. 't'hat if the Borrower fails to m�ake any payments of money when the same become due.or fails to conform to and <br /> f <br /> comply with any of the conditions o�ag�eements ccmtained in this instrument.nr the note which it secures,then the entire <br /> principal sum and accrued interest shall at once become due and payabte, at the electian af the l.ender. � <br /> l.cnder shall give natice to Borrower priar ta ucceleration following Borrower'x breach of any covenant or agreement ; <br /> in this instrument(but not prior to s�ccelerration under paragraph 12 unless applicable law provides athcrwise). Thc notice � <br /> shall specify: (a)the default; (b)the action required ta cure the defaulr(c)a date, not Icss than 30 days fram the datc thc � <br /> notice is given to�onower, by which the default must be cured: and (d) that failure ta cure the default on nr befnre the • <br /> • date specified in the notice may result in acreleration of the sums secured by this instrumcnt and sale of the Property. The ? <br /> natice shall further inform Barrower of the right to reinstate after acceleration and the right to bring a court action to s►ssert I <br /> the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or ! <br /> before the date specified in the notice. l.ender at its option may require immediate payment in full of all sums secured by ; ; <br /> ' i�iiS iiibiida:i�,:fi kia:�O::f Fi2K.�:�t�C�^O!!�3!:`{ S!!3� !ilyQ�s+rhp�swPr nf calP an�1 an� other remedies nermitted by aoplicable � `.___ <br /> law. Lender shall be entitled to collect ail expenses incurred in pursuing the remedies provided in this paragraph 13. in- � . <br /> � <br /> cluding. but not limited to, reasonable attorneys' fees and costs af title evidence. � <br /> ; <br /> If tite pawer of saie is invukr,�,Truatee�hall record a natice oidefault in ezch wunty in which any part of the Property i - - <br /> is located and shaU mail copies of such notice in the manner prescribed by applicable law to Borrower and to the ather persons a • — <br /> prescribed by applicable law.After the time requireci by applieable law,Trustee shall give public notice of sale to the persons �:'"_ <br /> , and in the manner prescribed by applicable law. Trustee, without demand on Bonower. shal! sell the Properry at public . ' <br /> auction ta the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels ; <br /> and in any order Trustee determines.Trustee may postpone sale of all or any parce!of 3he Propeny by public announcement <br /> at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. ; <br /> . Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed conveyiag the Property. `� <br /> The recitals in the Trustee's deed shall be prima facie evidence of the trvth of the statements made therein. Trustee shall � . <br /> apply the proceeds of the sale in the following order:(a)to all expenses of the sale.including,but not limited to.Trustee's ��� : <br /> fees as permitted by applicable law and reasonable attorneys'f�ees;(b)to all sums secured by this Security Instrument;and � "�' <br /> (c)any excess to the person or persons legally entitled to it. <br /> 14. Upon acceleration under paragraph 13 or abandonment of the Property, Lender(in person,by agent or by judicially <br /> appointod teeeivcr)shalf be eneitled to enter upon, take possession of and manage the Pcoperty and ta coltect the rents of <br /> the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of <br /> the costs of management of the Property and collection of rents, including. but not limited to, receiver's fees. premiums <br /> oa receiver's baads an� reasonable attomeys' fees. and then to the cums tecured by this instrument. <br /> 15. Upan payment of a11 sums secured by this instrument.Lender shall request Trustee to reconvey the Property and shall <br /> surrender this instrument and all notes evidencing debt secured by this instrument to Trustee. Trustee shall reconvey the <br /> Properry without warranty and without charge to the person or persons legally entitled to it. Such person or persons shaq <br /> pay any recordation costs. <br /> 16. Lender.at its option. may fron�time to time remove Trustee and appoint a successor trustee to any Trustee appointed ;-- �— <br /> hereunder.by an intrument recorded in tite county in which this instrument is recorded. Without conveyance of the Praperty, <br /> the successor trustee shall succeed to a!1 the title,power and duties eonferred upon Trustee herein and by applicable law. <br /> 17. Bonower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property <br /> Address. � <br /> � 1 S. If une or more riders are eaecuted by Barrower and recorded together with this instrument,the covenants and agreemenls <br /> of each such rider shal)be incorporated into and shall amend and supplement the covenants and agreements of tfiis instrument � <br /> ti <br /> as if the ridct(s) were a Qatt of this instrument. � <br /> 19. 'l�he covennnGs herein contained shall bind. .ind the benefits and advantages shall inure to. the respective heirs, ca- . `'� <br /> erutors,administraturs,�uccessors,Und as5igns of the pames hereto. Whenever u5ed. the s�ngular numher sh�ll include thc <br /> plural, the plurol the singular, and Ihc uae ��f any gender tihall include all gendcr�. <br /> t�p�'}c,t 4 i r�rrn NUD�921�3 OT Nnv ;�ftf1 1,1�'� '� <br />