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88-105332 o. That.s addnlonal and collateral security for the payment of the note d~aibed. and an 5ums 10 becomll due under this Instrument, the Borrower hereby assigns 10 the Lender .1 profits. rl'YMues, rovaltles. rights and benefits acaulng to the Oarrower under any and aU on and gas leases on said premises. with the right to receive and recelpt for the same and apply them to said indeb1edness as wel before .s after default in the condiUonl 01 this instrument. and the Lander may d. mand, sue for and recover any such payments when due and payable. but shd nol be required SO to do. This ..sJgnment Is to termlnale and become nul and void upon relMse of this InslrumenL 10. That the Borrower will keep the bundlngs upon said premls," In gt)Od repai', and netl:her commit nor permit waste upon saJd land. nor .tun. the a&id premises to be uaed In any un\awtul purpose. 11. That If the premlses, or any part thl!lr8Of. be condl!!nV1ed under the power 01 eninent domain. or acquired for II public use, the dam- ages awarded, the proceeds for the 1aIOOg 01. or the consideration for such acqulsmon, to the extent of the full amount of IndebllKiness upon this Instrumen1 end the note which" Is given to sec::ure remaining un. paid, are hln!lby assigned by the BorroWS' to the Lender. and shaH be paid forthwith to said lender to be appied by the Ianer on account of the next mlJturing i1s~enls of such Indebtedness. 12. The Borrower further a~s that should this Instrument and the note seQJred hereby not be eligible tor Insurance under the National Housing Act within eight months from the date hereot (wrttten statement of IInY orficer of the Department ot Housing and Urban Development or authorized agent of the Seaetary ot Housing Ind Urban Development dated subsequent to the eight months' Urne from the date 01 this Instru- ment, declining to Insure said note and this mortgage. being deemed conclusive proot of such lneGgiJDity). the Lender or holder of the note may, at fts option, declare .. sums secured hereby Immediately due and payable. Notwithstanding the foregolng. this option may not be exer- c:Is.:f by the Lender or the holder of the note when the lne!lgibRlty for Insurance under the Nationaf Housing Act Is due to Ihe lender's rdure to remit the mortgage Insurance premium 10 lhe Depmment of Housing and Urban Deveiopment 13. That" the Borrow. Ids 10 make any payments of mon")' when the same become due, or Ids to conform to and comply with any at the condlUon. or agreements conlailecl In this InsllUmont. or the nota which II aec:urn, then the enUre pr1nctpal sum and accrued ilt.-t shall at once become due and payable. at the eiecllon of lhe Lender, Lender ahd give notice to Borrow.. pnor 10 aCCfMeraUon fclawlng Booower's brach of any covenant or agr.-n.,t in this Instrumenl (but not prior to acceieratlon under panlgraph 12 un"', applicable law providea otherwise). The notice sh.1I specify: (a' the defaurt: (b) the action ~ 10 QJre the detautr.: (c) a date, not len than 30 CWys from the date the nolice Ia gtven to Borrow., bV which the detlult rJMJst be cured; and (d) that I....re to cure Ihe detlult on I)r befoJ8 th. date apedhd In the notice may resutl In accelerl:tlon of the sums sea.ued by this Instrument and saJe of the Property. The notk:e shal furth.. ilfonn Borrow. of the righl 10 reinstate after acceleration and lha right to bmg a court action 10 .saarl the noo-existence of a dcrIautt or any other defense of Borrow.. to acceleration and sale. tf the default is not cured on or before the dale specifled in the notice. Lena al ita option may require immediate paymen1 In fun at ell aums secured by Ihis Instrument without further demand end m:lV Invoke the POW" of... and any oth.. remecSes pemI1ted by applicable law. Lena ahal be enUUed to colec1 aI eJq)eOHS incurred in pursuing the remecIea prcvkIed In this paragraph 13, Including, but nol limited to. ...sonabIe attorneys' fees and costs of title evidence. II the power Dr BlUe Is Invoked, Trustee !Shall record 8 noUeo or defaun In each county In which any part of Ihe P;o~<my Is located and shaD mall copies of such nollce In the manner prescribed by applicable law to Borrower and 10 the other persons prescribed by applicable law, Ancr the lime required by applicable law, Trustee shan give public notice 01 salo to the persons and In the manner prncribad by appli- cable law. Truslee, without demand on Borrower, ahaD aell the Property at pubDc auction to Ihe hlgheal bidder It the lime and pi;ce and under the terms deslgnaled in the notice 01 sale In one or more parcels and In any ordl!ll' Truslee delenntnea, Trustee may postpone sale of aD or any parcel of the Property by public IUlnouncemenl at the time and place of any previously scheduled sale. lender or Its deslgnn mIIY purchase the Property at any sale. Upon receipt of paymenl or the price bid, Trustee shall deliver to Ihe purchaser Trustee's deed conveytng the Property, The redlals In the Trust8e's deed shaM be prima flcie evidence 01 the truth of the statements made therein. Trusiee shan apply the proceeds of the Hie 10 the foUowing order: la) to aU expenses at the sale, including, but not Umlted to, Trustee's fees as penn/t1ed by appUcable law and l'8IIsonable attorneys' tees: (b) to all sums secured by this security Instrument; and (cl any excess to Ihe person or persons legally entitled to It. 14. Upon acceletlltlon under paragraph 13 or abandonment or the Properly. lender ~n person, by agent or by judicially appointed re- ceiver) shall be entitled 10 enter upon, take pos5esslon of and manage the Property and 10 collect the renls of the Property Including those pasl due. Any rents coUected by lender or the recetver shaD be appUed first 10 payment of the costs 01 management or the Property and coUac. tlon 01 rents, Including, but not limited la, receiver's fees, premiums on receiver's bonds and reasonable Ilttorneys' fees, and then to Ihe sums secured by this Instrument. 15. Upon payment of aU sums set"'.Jred by this Instrument Lender shaJI request Trustee 10 reconvey the Property and ahan surrender this inslrument and aU notes evidencing debt secured by this Instrument to Truslee. Trustee shaD reconvey the Property without warranty and without charge to the person or persons legaDy entitled to it. Such person or persons shaD pay any recordation casts. 16. lender, .1 Its option, may trom Ume to time remove Trustee and appoint a successor Trustee to any Trustee appointed hereunder by an Inltrumenl recorded In Ihe county in which Ihls instrumenl Is recorded. Without conveyance of the Property, the successor trustee sW succeed to aU the tille, power end duties conterred upon Trustee herein and by appHcable law. 17. BorrowBr requests that caples of the nollces of defaun and sale be sent 10 Borrower's address which 15 the Property Address. 1 B. If one or more riders are ex.eculed by Borrower and recorded together with Ihls instrument, the covenan1s and agreements of BlIch such rider shan be Incorpol"l1ed Into and shall amend and supplement Ihe covenanls and agreements 01 this Instrument as If the rider(s) were a part or this Instrument. "'JJJ,L"Tl f06mel 22Qno166 HUO-82143.{)T P11IJt1Jof!l