<br />88....:
<br />
<br />103'340
<br />
<br />made shall be added to lhe principal sum owing on the above
<br />note, shall be secured hereby, and shall bear interest at the rate set
<br />forth in lhe said note, until paid,
<br />
<br />r
<br />
<br />7, That the Borrower hereby assigns, transfers and sets over to
<br />the Lender, to be applied toward the payment of the note and all
<br />sums secured hereby in case of a default in the performance of
<br />any of the terms and conditions of this instrument or the said
<br />note. alltherenls, re\'enues and income to be derived from the
<br />said premises during such time as the indebtedness shall remain
<br />unpaid, and the Lelider ~hall have power to appoint any agent or
<br />agents it may desire for the purpose of repairing said premises and
<br />of renting the same and collecting the rents, revenues and income,
<br />and it may payout of said incomes all expenses of repairing said
<br />premises and necessary commissions and expenses incurred in rent.
<br />ing 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 />
<br />8, That the Borrower w111 keep the improvements now existing
<br />or hereafter erected on the property, insured as may be required
<br />from time to time by the Lender against loss by rire and other
<br />hazards, casualties and contingencies in such amounts and for such
<br />periods as may be required by the Lender and will pay promptly,
<br />when due. any premiums on such insurance provision for payment
<br />of which has not been made hereinbefore, All insurance shall be
<br />carriN in companies approved by the Lender and the policies and
<br />renewals thereof shall be held by the Lender and have all ached
<br />thereto loss payable clauses in favor of and in form acceptable to
<br />the Lender. In evem of loss Borrower willgi\'e immediate notice
<br />by mail to the Lender. who may make proof of loss if not made
<br />promptly b~' Borrower, and each insurance company concerned is
<br />hereb)' authorized and directed 10 make paymelll for such loss
<br />directly to Ihe lender instead of to Ihe Borrower and the Lender
<br />joint!)'. and the ilUurance proceeds. or any part thereof. may be
<br />applied by the lender at its option either to the reduction of the
<br />indebtedn~~ hereb)' \ecUred or to the r~toration or repair of the
<br />property damqed. In e\ent of foreclosure of thi~ instrulllent or
<br />olher Iransfer of title to the mortgaged proper!) ill extinguishmenl
<br />of the indebtedn~s \C'\"ured hereby. all ri~lll, litle and interC'St of
<br />the Borrower in and to an~' insurance poli.'les rhen in force shall
<br />p&Ss to the purchaKr or g;anl~,
<br />
<br />9. Thai as addlUonal and .~ollaterai sccunl)' for Ihe paymenl 01
<br />Ih~ note dt.'tCri~d. ilInd all turns to hC"'omc duc ulld!!r this IIlstru,
<br />ment. the Borrower heRb)' al5lttnllO the lender .11I'rofit~,
<br />rC\enun. ro)'altlC'S. nPt" and bene lib accrumg to the Borro\lo'cr
<br />under any and all oil and lias leallCS on ~id prelllisn. with Ihe
<br />ri&hl to recch'e and receipt for Ihe WlIm' and appl)' thcm to ~Id
<br />indebtcdnas ~ "ell before lU after defauh in the ,oJldi!ions of
<br />this In\lrument. and the Lender may demalld.surforandrt.l:.O\.er
<br />an)' SIKh pa)'ments whrn due IlDd payable, bUI shall not be rc'
<br />quired so to do. This lUsiJrunent i~ 10 terminate and become null
<br />and ..oid upon relc>>t of Ihls lmlrumertl.
<br />
<br />10, That the 8orrO"Cf will keep the buildinlS upon ~Id prmllSClo
<br />In aood rtpair, and neilher commit nor l'Crmh wasle upon illid
<br />!JineS, I10f suffer lhe Yld premillCS 10 be u~ for an)' unlawful
<br />purJI<KC '
<br />
<br />J I. That if t}w ptem~. 01 1&11)1 part thereof. be condemned
<br />under the JlOWer of mine", domain, or .''luired (or a public 11M'.
<br />lite iIamqn Iwarded, the pn~"Ccd, for tM takins of, or the con.
<br />Ildrrltion rOl .uch Kquisltion, 10 the C'llltnl of the full amount o!
<br />.ndcbtedrww. upon thi, instrument and the nolI.' which It is gi\'en to
<br />secure rcrnainina unpaid, are hereby aliianed by the 8orro\\'er to
<br />tM Undtt. and t.halI be paid forthwith to said Lrnder to be ap.
<br />plied by the Ianer on II:I:Ollllt of the next malurina insulllmC'lth of
<br />luch lndebtfdneu.
<br />
<br />12. The Borrower further agrees that should this instrument and
<br />the note secured hereby nOI be eligible for insurance under the Na-
<br />lional Housing Act within eight months from the date hereof
<br />(written statement of any officer of the Department of Housing
<br />and Urban Development or authorized agent of the SecretarY of
<br />Housing and Urban Development dated subsequent to the eight
<br />months' time from the date of this instrument. declining 10 insure
<br />said note and this mortgage, being deemed conclusive proof of
<br />such ineligibility), the Lender or holder of the note may. at its op-
<br />tion, declare all sums secured herebyimmediateiy due and payable.
<br />Notwithstanding the foregoing, this option mayoot be exercised
<br />by the Lender or the holder of the note when the ineligibility for
<br />insurance under the National Housing Act is due to the Lender's
<br />failure to remit the mongage insurance premium to the Depan-
<br />ment of Housing and Urban Deveopment.
<br />
<br />
<br />13. That if the Borrower fails to ~e any pa)ments of money
<br />when the same become due, or fails to conform to and comply
<br />with any of the conditions or agreements contained in tM inSU'U-
<br />ment, or the nOlI.' which it secures. then the entire principal 5UJD
<br />and accrued interest shall al once become due and payable, at the
<br />election of the Lender.
<br />
<br />."
<br />
<br />lender shall give nmice to Borrower prior to acceleration
<br />following Borrower's breach of any covenant or agrcaDCIlt in this
<br />instrument (but not prior to acceleration under paragraph 12
<br />unless applicable law provides otherwise). The nOlice shaD specify:
<br />(a) the default; Ib) the action required to cure the default; (c) a
<br />date. not less than 30 days from the date the notice is gi\'CIIIO
<br />Borrower. by which the default must be cured; and (dt that failure
<br />to cure the default on or before the dale specified in the ~
<br />may re5ult in acceleration of the sums secured b)' tM instruJamt
<br />and sale of the Property. The notice shall funher inform 8orrowa'
<br />of the right to reinstate after acceleration and the npt to briQa a
<br />court action to assen the non-existencc of a de!ault or an)' odIer
<br />defense of Borrower to a~"CCleration and sale. If the default ii lIOt
<br />cured on or before the date specified in the notk.-C, LCIIlier at its
<br />option may require immediate payment in full of all SUlIK teCUIed
<br />by this instrument without funher demand and may invoU the
<br />power of sale and Iny other remedies permitted by ~ .....
<br />lender shall be entitled 10 collect all elpCfllCS incurred in ptII'tUiq
<br />I he rc:mcdiC!i pro\'idcd in this paTalraph 13, indudinl. but DOl
<br />Iimiled to, reasonable attorne,'s' feu and costs of title C'\"icImcc.
<br />
<br />If the power of ~Ie is in\'oked. Trust<< shaU fh~ a IJlJti.% of
<br />default in each county in .'hieb any pan of the Propa1y is located
<br />and shall mail copies of such notKe in the manner preaibcd by
<br />applicable law to Bono.'er Ind to the OIlier pmiOM prca;bcd b!o.
<br />applicable law, After the lime reqUIred by appIialbJe ".'. TnKter
<br />\halll.h'C public notice of sak to the penon, and in tbe manner
<br />prC!lCribed b)' applicabk !aVo, Trust<<. _ithoul dmlaDdon &or.
<br />rov.'Cf, shall selllhe Property at public auction to lhe hiIhat bid.
<br />der at the time and place and under the lmRS desicnaIed in ,he
<br />notke of sale in onr or morr pah'th and in 1ft). orcIct TnKt<<
<br />determlnn. Trust~ ma)' postpo~ salr of all or aD}' pah:d of die
<br />Properl)' b)' public announcement at tbe time .",1 ~ of any
<br />pre\ iou~I)' scheduled WIle, Lender Of it5 drsian<< ma~' pur~'haw rhr
<br />Propert)' at an)' sale.
<br />
<br />Upon re<<ipl of payment of the price bid, TI'1I5I<< "'-11 ddi\'ft
<br />IU Ihe purchaKr Truitec'i d<<d um\~iDl t~ ~;_ ..,..
<br />rceilals In the Trustee', deed ,hall be rrima facie csicktk-c of the
<br />truth ul th~' ~tIIttmcnh mAIIe lhemn. Tru5l~.u~)' ,he rro.
<br />cet\h of the salt in Ihr follo\\'I"I onkT: (I) to all ~ of the
<br />sale, indudinl!. but nOI Iimiled to. Tru'tt't", fee ti rermincd ,,~
<br />applicable law and rt'luonable attOfOC)'" ffai (blt(\ an ,um,
<br />\C'i,:ured b~' Ihis S<<'Uril)' In.\lrumenti and Mln)' ex~~, to the pC'I'
<br />\On or ~lCf~On\ IC8811)' entitled to il.
<br />
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