Laserfiche WebLink
<br />88- 105365 <br /> <br />event of loss Borrower will give immediate: nmice by mail 10 the <br />Lender. who may mike proof of Joss if nol made promptly by <br />Borrower. and each insurance compaQ)' concerned is hereby <br />authorized and directed 10 mike payment for such loss direc1ly 10 <br />the Lender instead of to the Borrower and thc lender jointly, and <br />the Insurance Proceeds. or any pari thereof. may be applied by thc <br />Lender al its option either 10 thc reduction of thc indcblcdnes., <br />hereby secured or 10 the resloration or repair of thc propeny <br />damaged. In event of roreclosu~ of this insfcument or other transfer <br />of title to the mortgaged property in extinguishment of the <br />indebtedness secured hereby, all right. title Ilnd interest of the <br />Borrower in and 10 any insurance policies (hcn in force shall pass to <br />the purchaser or grantee. <br /> <br />9. That as addillonal and collaleral securlly for thc paymem of the <br />note described. and all ~ums 10 hecome due under Ihis instrument, <br />the Borrower hereby assigns 10 the lender 11.11 profit.'>. revenues. <br />royalties. rights and benefits accrumg 10 the Borrower under any and <br />all oil and glS leases on said premise.... with the right to r~ive and <br />receipt for the yme and apply them to said indebtedness as well <br />before as after default m Ihe condition!> of this instrument, and the <br />Lc:nder may demand, sue for and recover any such payments when <br />due and payable. but shall nol be required so to du. This assignment <br />is 10 Ienninate and become null and VOid upon release of thL~ <br />instrument <br /> <br />10. That Ihe Borrower will keep the buildings upon said premISeS <br />in good repair. and neither commit nor permil waste upon said land, <br />nor suffer the said premises to be U5ed for any unlawful purposc. <br /> <br />II. That if the premlSCS, or any p.ut thereof. be condemned under <br />the power of eminent domain, or acquired for a public use. the <br />damages awarded. the proceeds (or the taking of. or the <br />consideration for such acquisition. to the extent of the full amoun! or <br />indebtedness upon this instrument and the note which it is given to <br />secure remaining unpaid. are hereby assigned by the Borrower to the <br />Lender. and shall be paid forthwith to said Lender to be applied by <br />the Iluer on account of the next maturing instal1ments of such <br />indeblcdness.. <br /> <br />12. The Borrower further agrco that should IhlS Instrument Ind <br />tbe note secured bereby nol be eligible for insurance under the <br />National Housing ACI within: eighl montru. from the dale hereof <br />(written sUtemenl of any officer of the Department of Housing and <br />Urban Ocvelopment or authorized lien! of Ihe Secretary of Housing <br />and Urban Development daled subsequent to the eight months' time <br />from the dale of this instrument., declining to Insure said note .md <br />this monpge, heiRS deemed conclusive proof of such ineligibility), <br />the lender or holder of the nCrte may. at its option. declare all sums <br />secured hereby immediately due and payable. Notwithslanding the <br />roregoing. this option may not be exercised by the Lender or the <br />holder of the note when the mclisibility fur insuram...c under the <br />Nationll Housing Ac1 is due to the Lender's failure to remll the <br />mOr1&lBe insurance premium 10 the Department of Housing and <br />Urban Development. <br /> <br />13. That if the Borrower fails Lo make any payments of money <br />when che same become due, or fails to l.'Onfonn to and l.-omply with <br /> <br />-~----_. ~a6eb!ot_S -{ <br /> <br />any nf the l'Unditlllns or agreements contained in this instrument, or <br />the nnle which it secures. then the entire principal sum Bnd IIccrued <br />inlere.\t shaUlI1 once become due and payable. at the election or the <br />Lender. <br /> <br />Lender shall give nolice to Borrower prior 10 acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (buc noL prior to acceleration under paragraph 12 unless <br />applicable law provides otherwi.'ic), The notice shall specify; (0) Ihe <br />ckfaull; (b) the action required to cure Ihe default; (cJ a dale, not Jess <br />than 30 days from the date Ihe notice is givell 10 Borrower, by which <br />the default mMt be cured; and rd) that failure to cure che default on <br />Qj before the date specified in Ihe nolice may rc.~ult in acceleration <br />of the sums secured by this instrument and sale of the Property, The <br />nOlice shall further inform Borrower of the right 10 reinstate after <br />acceleration and the right 10 bring n CIIU1l action to asser1 the non- <br />existence- of a. default or any other defense of Borrower to <br />acceleration and sale_ If the default i,; not cured on or befon: the date <br />specified in the notice. Lender at its option may require immediate <br />payment in full of all sums secured by this instrument withoul <br />furth!:r demand and may invoke Ihe power of sale and any other <br />remedlcs pcnnitted by applicable law. lender shall be entitled to <br />collect all expense. incurred in pursuing the remedies provided in <br />thi!. paragraph J 3. including. but not limited to. reasonable <br />aumney..' fees and cost.'> of tille evidence. <br /> <br />If the power of sule is invoked. Trustee shall record a nolice of <br />defaultlD each county in which any ..,art of the Property is located <br />and shall mail copies o( such notice in the manner prescribed by <br />applicable law 10 Borrower and to the other persons prescribed by <br />applicable law. Arter the time required by applicable law. Trustee <br />shall give publiC notice of sale 10 the persons and in 1he manner <br />prescribed by applicable lAW. Truslee. withnut demand un Borrower, <br />shall !tell the Propc:rty III publil.: auction to the highest bidder at the <br />lime and place Ilnd under the terms designated in the notice of sale <br />in one (If more parcels and in any order Trustee determines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announcemenlat the time and place of any previously scheduled <br />sale. Lender or il~ designee may purch/lSc Ihe Property al any sale, <br /> <br />Upon rel.'Clpt of payment of the price bid, Truslee shall deliver to <br />the purchl1M:r TrtL~tee's dc:cd conveymg the Property. The recitals in <br />the Trustcc's deed shall be prima facie evidence of Ihe cruth of the <br />statements made lherein. TrU5tee shall apply the proceeds of the sale <br />in the following order: (al to all expenses of lhe sale, including. but <br />nol limited to, Tru.~lee'5 fees /IS permined by applicable law and <br />rca.~nnablc altorncys' fea; lh) In all sum!! secured by this Security <br />instrument; and (C) any exc~ 10 the person or persons legally <br />entitled In it <br /> <br />14, Upon acceleranon under paragraph 13 or abandonmenl of the <br />Property, Lender (in person, by agent or by judicially appointed <br />r~iver) shall be entitled to enler upon, lake possession of and <br />manage the Property and to collect the rcnts of the Properly <br />including those: past due. Any rents collected by Lender or the <br />receiver shaJl he applied first to payment of Ihe costs of management <br />of the Property and collection uf rents. including, but notlimilcd tll, <br />receiver's fees, premiums on receiver's bonds and reasonahle <br />.ltomey's fees. and then 10 the surm secured by this in!llrument <br /> <br />HUO.821.3DT .1 <br />