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<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 /> <br />I <br /> <br />~lIge 3 01 5 <br /> <br />1 f'" <br />..I "'. . <br /> <br />......I'.UT <br /> <br />u <br />