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88_1046'74 ... apply them to said indebtedness us well before 05 after default in the conditions of this inslrumcnt, and the Lender may de~ mand. sue for and recover any such paymenls when due and payable. bUI shall nol be requircd so In dn. This assignmcnl is to tcnninatc and become null and void upon release of this instrument. 10. That the Borrower will keep Ihc buildings upon said premises in good repair. and ncilher eommit nor permit waste upon said land, nor suffer the said premises to be used for any unlawful purpose. 11. Th,. if the premises, or any part thereof. be condemned under the power of eminent domain, or acquired for a public use. the damages awarded, the proceeds for the taking of, or the consideration for such acquisition, 10 the extent of the full wnount of indebtedness upon this instrument and the note which it is given to secure remaining unpaid, are hereby assigned by the Borrower 10 the Lender. and shall be paid forthwith to said Lender [0 be applied by the Inlter on account of the next maturing inSlallments of such indebtedness. l2. The Borrower further agrees that should this instrument Dnd the note secured hereby not be eligible for insurance under the National Housing Act within eight months from the date hereof (written statement of any officer of the Department of Housing and Urban Development or authorized agent of the Secretary of Housing and Urban Development dated subse~ quent to the eight months' time from the date of this instrument. declining to insure said note and this mortgage, being deem~ ed conclusive proof of such ineligibility), the Lender or holder of the note may. at its option, declare all sums secured hereby immediately due and payable. Notwithstanding the foregoing, Ibis option may not be exercised by the Lender or the holder of the note when the ineligibility for insurance under the National Housing Act is due to the Lender's failure to remit the mortgage insumnce premium to the Department of Housing and Urban Development. 13. That if the Borrower fails to make any payments of mnney when the same become due, or fails to confonn to and comply with any of the conditions or agreements contained in this instrument. or the note which it secures, then the entire principal sum and accrued interest shall at once become due and payable. at lhe election of the Lender. Lender shall give nolice to Borrower prior [0 acceleration following Borrower's breach of any covenant or agreement in this instrument (but not prior to acceJerration under paragraph 12 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a datc. not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure (0 cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this inslrument and sale of the Propeny. The notice shall funher infonn Borrower of the right 10 reinstate after acceleration and the right to bring a court action to assen the non-cxistence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender al its option may require immediate payment in full of all sums secured by this instrument without further demand and may invoke the power of sale and any other remedies pennitted by applicable law. Lender shall be enlitled to collect all el'Opcnses incurred in pursuing the remedies provided in this paragraph 13, in. eluding, but not limited to, reasonable attorneys' fees and cosls or title evidence. If the power of sale in invoked. Trustee shall record a notice of defaull in each counlY in which any part of the Property is located and shull mail copies of such notice in the manner prescribed by applicable law to Borrower llnd to the other persons prescribed by applicable law. After the time required by applicable law. Trustee shall give public notice of sale 10 the persons and in the manner prescribed by applicable law. Trustee, withuut demand on Borrower, shall sell the Propeny al public auction to the highest hidder al the time and place and under the Icnns designaled in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipl of payment afthe price bid. Trustee shall deliver In the purchaser Trustee's deed conveying the Property. The rechals in the Trus(ee's deed shall be prima facie evidence of the truth of the slntements made therein. Truslee shall apply the proceeds of the sale in ,the following order: (a) to all cll.pcnses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorneys' fees; (h) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled 10 it. 14. Upon acceleration under paragraph 13 or abandonment of the Propeny. Lender (in person. by agem or by judicially appointed receiver) shall be cntitled to enler upon, take possession of and manage the Property and to collect the rents of the Property including those past duc. Any rents collecled by Lender or the receiver shall be applied first to payment of the costs of management of the Propeny and collection of renl~, including, but nOI limited la, receiver's fees. premiums on receiver's bonds and reasonable anomeys' fees, and then to the sums secured by this instrumenl. 15. Upon payment of all sums secured by this instrument, Lender shall request Trustee 10 reconvey the Propeny and shall surrender this instrument and all notes evidencing debt secured by this instrument to Trustee. Trustee shall reconvey the Property withoul warranty and without charge to the person or persons legally entitled 10 il. Such person or persons shall pay any recordation costs. 16. Lender, al its option. may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an intrument recorded in the county in which this instrument is recorded. Without conveyance of Ihe Property, the succc.ssor trustee: shall succeed to all the title, power and duties conferred upon Trustee herein and by appliCllble Jaw. 17. Borrower requC'Sts that copics of the notices of defaullllnd sale be sent 10 Borrower's address which is the Pmpeny Address. 18. If one or more riders arc executed by Borrower and ret.'Ordt...t together with this instrument. the l.'Ovcnants !lnd agreemenl.!i o( each such rider shall be incorporated into and shall amend and supplemcnllhc covenants and agreements of this instr1.imenl as if the ridcr(s) were a part of this inslrum~nt. 19. The covenanl.. herein contained shall bind, and the benefits and advantages shall inure lo, lhe respcl,:live helr~, C:\- I:&.-UIO"" .adminislraloB. successors, and assigns of the panics herelo. Whenever u!tCd. Ihe singular number shnll indudc Ihe plural. lhe: plurallhe liingular, ancJ the use of any gender shall include all gender.. PaQII-3""'0f4 ~ofin HUo..e21'ij:OT~-2i86'lPI