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<br />88-
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<br />103017
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<br />made shall be added to the principal sum owing on the above
<br />note, shall be secured hereby, and shall bear interest at the rate set
<br />forth in the said note, until paid.
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<br />r
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<br />7. That the Borrower hereby assigns, transfers and sets over to
<br />the Lender, to be applied [Oward 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, all the rents, revenues and income to be derived from the
<br />said premises during such time as the indebtedness shall remain
<br />unpaid, and the Lender shall 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 b,~.Iance remaining, if any, to be applied (Oward the discharge
<br />of said indebtedness.
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<br />8. That the Borrower will 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 fire 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 nOI been made hereinbefore, All insurance shall be
<br />carried in companies approved by 'the Lender and the policies and
<br />renewals thereof shall be held by the Lender and have attached
<br />thereto loss payable clauses in favor of and in form acceptable to
<br />the Lender. In event of loss Borrower will give immediate notice
<br />by mail to the Lender, who may make proof of loss if not made
<br />promptly by Borrower, and each insurance company concerned is
<br />hereby authorized and directed to make payment for such loss
<br />directly to the Lender instead of to the Borrower and the Lender
<br />jointly, and the insurance proceeds, or any part Ihereof, may be
<br />applied by the Lender at its option either to the reduction of the
<br />indebtedness hereby secured or 10 Ihe 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 righI, title and interest of
<br />the Borrower in and 10 any insurance policies then in force shall
<br />pass to the purchaser or grantee.
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<br />9. That as additional and collateral security for the payment of
<br />the note described, and all sums to become due under this instru-
<br />ment, the Borrower hereby assigns to the Lender all profits,
<br />revenues, royalties, rights and benefits accruing 10 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 well before as after default in the conditions of
<br />this instrument, and the Lender may demand, sue for and recover
<br />any such payments when due and payable, but shall not be re-
<br />quired so to do. This assignment is 10 terminate and become null
<br />and void upon release of this instrument.
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<br />10. That the Borrower will keep the buildings upon said premises
<br />in good repair, and neither commit nor permit waste upon said
<br />land, nor suffer the said premises to be used for any unlawful
<br />purpose.
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<br />11. That if the premises, or any part thereof, be condemned
<br />under the power of eminent domain, or acquired for a public use,
<br />the damages awarded, the proceeds for Ihe laking of, or the con-
<br />sideration for such acquisition, to the extent of the full amount of
<br />indebtedness upon this instrument and the nole which it is gi".en 10
<br />secure remaining unpaid, are hereby assign cd by the Borrower to
<br />the tender, and shall be paid forthwith to said Lender to be ap-
<br />plied by the latter on account of the next maturing Installments of
<br />such indebtedness. .
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<br />12. The Borrower further agrees that should this instrument and
<br />the note secured hereby not be eligible for insurance under the Na-
<br />tional 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 to 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 hereby immediately due and payable.
<br />Notwithstanding the foregoing, this option may not 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 mortgage insurance premium to the Depan-
<br />ment of Housing and Urban Deveopment.
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<br />13. That if the Borrower fails to make any payments 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 this instru-
<br />ment, or the note which it secures, then the entire principal sum
<br />and accrued interest shall at once become due and payable, at the
<br />election of the Lender.
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<br />Lender shall give notice to Borrower prior to acceleration
<br />following Borrower's breach of any covenant or agreement in this
<br />instrument (but not prior to acceleration under paragraph 12
<br />unless applicable law 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 cured; and (d) that failure
<br />(0 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 Property. The notice shall further inform Borrower
<br />of. the right to reinstate 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 Borrower to acceleration and sale. If the default is not
<br />cured on or before the date specified in the notice, Lender at its
<br />option may require immediate payment in full of all Stuns secured
<br />by this instrument without further demand and may invoke the
<br />power of sale and any other remedies permitted by applicable law.
<br />Lender shall be entitled to collect all f.'l;penses incurred in pursuing
<br />the remedies provided in this paragraph 13, including, but not
<br />limited to, reasonable attorneys' fees and costs of title evidence.
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<br />I f the power of sale is invoked. Trustee .shall record a notice of
<br />default in each county in which any pan of the Propeny is located
<br />and shall mail copies of such notice in the manner prescribed by
<br />applicable law to Borrower and to the other persons prccribed by
<br />applicable law. After the time required by applicable law, Trustee
<br />shall give public notice of sale to the persons and in the manner
<br />prescribed by applicable law. Trustee, without demand on Bor-
<br />rower, shall sell the Property at public auction to the highest bid-
<br />der at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the
<br />Property by public announcement at the time and place of any
<br />prcviously scheduled sale, Lender or its designee may purchase the
<br />Property at any sale.
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<br />Upon receipl of payment of the price bid. Trustee shall de1i,'er
<br />to the purchaser Trustee's deed conveying the Property, The
<br />recitals in the Trustee's deed shall be prima facie evidence of the
<br />truth of the statements made therein. Trustee shall apph' the pro.
<br />ceeds of the sale in the following order: (a) to all expenses of the
<br />sale, including, but nol limited to, Trustee's f~'es as pernlilled by
<br />applicable law and reasonable attorneys' fees; (b) 10 all slims
<br />secured by this Security Instrument; and (e) any excess to Ihe per-
<br />son or persons legall)' entitled to it.
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<br />. P/ioe 3 of 5
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<br />HUD-1I2,43DT
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