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<br />.-J <br /> <br />Lender. In event of loss Borrower wiD give immediate notice by <br />mail to Ibe Lender, who may make proof of loss if 001 made <br />promptly by Borrower I and each insurance company concerned <br />is hereby autborized and directed to make payment for such loss <br />directly to Ibe Lender inslead of to Ibe Borrower and tbe <br />Lender jointly. and tbe iosurance proceeds, or any pari tbercof. <br />may be appUed by the Lender at its option either 10 tbe <br />reduction of the indebtedness hereby secured or to the <br />restoration or repair of the property damaged. In event of <br />foreclosure of this instrumt'nt or other uansfer of title to the <br />mortgaged property in extinguishment of the indebtedness <br />secured hereby I aU right, title and interest of the Borrower in <br />and to any insurance policies then in force shall pass to the <br />purchaser or grantee. <br /> <br />9. That as additional and collateral !iecurily for the payment <br />of Ihe oote described. and aU sums 10 become due under this <br />instrument, Ihe Borrower bereby assigns 10 the Lender all <br />profits, revenues. royalties, rights and benefits accruing to the <br />Borrower under any and aU oil and gas leases aD said premises, <br />with the right to receive and receipt for the same and apply <br />tbem to .aid indebtednc.. as weU before as after default in the <br />conditions or this instrument, and the Lender may demand. sue <br />for and recover any such payments when due and payable. but <br />shall not be required so to do. This assignment is to terminate <br />and become nuU and void upon release of this instrumenl. <br /> <br />10. Thatlbe Borrower will k..p Ihe buildings upon said <br />premises in good repair. and neither commit nor permit waste <br />upon .ald land, nor .uffer the .aid premises 10 be used for any <br />unlawful purpose. <br /> <br />II. ThaI if the premises, or any pan Ihereof, be condemned <br />under the power of eminenl domain, or acquired for a public <br />use, Ihe damases awarded, Ibe proceeds ror Ibe taking of. or <br />Ihe con.ideration for .uch acquisition, 10 Ibe extent of Ihe full <br />amount of Indebledness upon Ihi. inSlrumenl and the note <br />whieh it i. slven 10 secure remaining unpald, are hereby assigned <br />by Ihe Borrower 10 the Lender. and .hall be paid forthwilh to <br />said Lender 10 be applied by Ihe laller on aceount of Ihe next <br />malurins installments of .uch indebtedness. <br /> <br />12. The Borrower further agrees Ihat should lhis instrument <br />and Ihe nole secured bcrcby not be elislble for insurance under <br />the Natio:al Hou.ing Act wilhin eighl months from the dale <br />hereof (wnllen stalement of any officer of tbe Dcpanmenl of <br />Housing and Urban Ocvelopment or authorized agcnl of the <br />Secrcrary of Hou.ing and Urban Ocvelopmenl dated .ubsequent <br />10 the eiShl months' lime from the dale of this instrument, <br />declillinslO insure said note and this mortgage, being deemed <br />conclusive proof of such ineUgibility), Ihe Lender or holder of <br />the nole may, at its option, declare all sums secured hereby <br />immediately due and payable. Notwilh.tanding tbe foregoing, <br />lhi. option may not be exercised by Ihe Lender or Ihe boltier of <br />Ihe note when the InclislbililY for insurance under the National <br />Hou.ing Act is due 10 Ibe Lender'. failure \0 remit the <br />manaaae insurance premium to the Department of Housing and <br />Urban Ocvelopmenl. <br /> <br />13. That if Ihe Borrower rails to make any payments of money <br />when the same become due, or fails to conform to and comply <br />wilh any of the conditions or agreements contained in this <br />instrument, or the note which it secures, then the entire <br />principal sum and accrued intC're5t shall at once become due and <br />payable. at the election of the Lender. <br /> <br />-=:l <br /> <br />88- 1041147 <br /> <br />Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in <br />this instrument (but nol prior to acceleration under paragraph <br />12 unIess appUcable law provides Olbcrwise). The notice sball <br />.pecify: (a) Ibe defaull; (h) the action required to cure the <br />deraull: (c) a date. not less Ihan 30 days from the dale the <br />notice is given to Borrower. by which the default must be cured; <br />and (d) thaI failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums <br />secured by this instrument and sale of the Property. The notice <br />shall further inrann Borrower of the right to reinstate after <br />acceleration and the right to bring a court action to assert Ihe <br />non-existence of a default Of any other defense of Borrower to <br />aceelcration and sale. If the derault is not cured on or before <br />the dale specified in the notice, Lender at its option may require <br />immediale paymenl in iuU of all sums secured by this <br />instrument without funher demand and may invoke the power <br />of sale and any other remedies pcrmiued by applicable law. <br />Lender shaU be entitled to coUect all cxpcnscs incurred in <br />pursuing Ibe remedies provided in this paragrapb 13, including. <br />but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br /> <br />If Ihe power of sale is invoked, Trust.. sbaU record a notice of <br />default in each counlY in wbicb any part of Ibe Propeny is <br />located and shall mail copies of such notice in the manner <br />prescribed by appUcable law 10 Borrower and 10 Ibe other <br />per.ons prescribed by appUcable law. Mler the Ii",e required by <br />applicable law. Trust.. shall slve public notice or sale 10 Ihe <br />per.ons and in Ihe manner prescribed by applicable Iaw_ <br />TruSI.., WilhoUI demand on Borrower. shall ..Ulbe Property at <br />pubUc auction 10 the highesl hidder al the lime and pla.. and <br />under the terms designated in the notice of sale in one or more <br />parcel5 and in any order Trustee determine._ Trust.. may <br />postpone sale of all or any parcel of Ibe Propeny by pubUc <br />announcement at tbe lime and place of any previously scbeduled <br />sale. Lender or its designee may purchase the Propen)' at any <br />sale. <br /> <br />Upon receipt of payment of the price bid, Trus... .haD deUver <br />10 the purchaser Tru.t.... deed conveying tbe Propeny- The <br />recitals In the Tru.tCl:'. deed shall be prima facie evidence or the <br />truth of tbe stalements made Iherein. Trust.. .hall apply the <br />proceeds of Ihe .ale in Ibc following order: (a) 10 all expenses of <br />the sale, including. but not limited to. Trustee's fees as <br />pcrmined by applicable law and reasonable anomeys' fees; (b) <br />10 aU sums secured by lhis SccuriIY Instrument; and (e) any <br />excess 10 Ihe person or persons IcpJly entitled 10 il. <br /> <br />14. Upon acccler31ion under parasraPb 13 or abondonmenl of <br />the Property, Lender (in person, by agenl or by judicially <br />appointed receiver) .hall be entitled 10 enler upon, take <br />possession of and manaae Ibe Propeny and 10 col\ccllbe rents <br />of Ibe Propeny includinSlbo" pasl due. Any rents col\ccled by <br />Lender or Ihe receiver .hall be applied filiI 10 payment of the <br />coSts of mlll1Blemenl of the Propeny and coUection of reots. <br />inc1udiDl. but not limited to, receiver's fees. premiums OD <br />receiver's bonds and reasonable auorneys' fees, and then [0 the <br />sums secured by this instrument. <br /> <br />Page 3 of 5 <br /> <br />HUD.921 43DT-1 <br />