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<br />event of 10$5 Borrower will give immediate notice by mail to the <br />Lender, who may make proof of loss if not made promptly b) <br />Borrower. and each insurance company concerned is hereby <br />authoriz.cd and directed to make payment for such loss directly 10 <br />the Lender instead of to the Borrower and the Lender jointly, and <br />the insurance: Proceeds. or any part lhereof, may be applied by the <br />Lender at its option eilher 10 lhe reduction of the indebtedncs.'i <br />hereby secured or 10 the restoralion or repair of the property <br />damaged. In event of foreclosure of Ihis instrument or olher transfer <br />of lille to the mortgaged property in extinguishment of the <br />indebledness secured hereby, all right, title and interest of the <br />Borrower in and to an}' insurance policies then in force shall p3S.'i to <br />the purchaser or grantee. <br /> <br />9. That as additional and collateral !oecuritv for the payment of the <br />nole described, and all sums to become due under th~ instrument <br />the Borrower hereby assigns to the Lender all profi~. revenues. <br />royalties. rights and benefits accruing to the Borrower under any Ilnd <br />all oil Ilnd gas leases on said premiscs. with the nght to rl"Celve and <br />receipl for the same and apply Ihem to said indebtedness as well <br />before: as after default in the c{lDditions of this instrument and the <br />Lender may demand, sue for and recover any such payments when <br />due and payable. but shall not be required so to do. This llSSignment <br />is to terminate and become null and void upon release of this <br />Instrument. <br /> <br />10. That lhe Borrower will keep the buildings upon 58Jd premises <br />in good repair, and neither commit nor permit waste upon said land. <br />nor suffer the said premises 10 be used for any unlawful purpose <br /> <br />11. Thai if the premises, or any part thereof, be condemned undt=r <br />the power of eminent domain, or acquiroJ for ll. public U5C, the <br />damages awarded. the proceeds for the taking of, or the <br />consideration for such acquisition, to the extent of the full amount of <br />indebtedness upon this instrument and the note which It is given 10 <br />secure remaining unpaid, are hereby 6Signed by (he Borrower 10 the <br />Lender, and shall be paid forthwith to said Lender 10 be applied by <br />the laner on account of the next maturing installmenb of such <br />indebtedness. <br /> <br />) 2. The Borrower further agrees that should thl!>lDstrument and <br />the note secured hereby nol be eligible for insurance: under Ihe <br />National Housing ACl within eight months from Ihe date hereof <br />(wrinen statement of any office:r of the Departmenl of Housmg and <br />Urban Dc:vdopment or authorized agent of the Secretary of Ho~ing <br />and Urban Development dated subsequent 10 the eight monlhs' time <br />from the date of Ibis instrument. declining to In!oUfC ~Id nule and <br />this mongage. being deemed conclusive proof of such inehgibi1I1Y), <br />the Lender or bolder of lhe note may, at il5 option, declare all sum!> <br />secured hereby immediately due and payable. NOlwithstandlDg Ihe <br />foregoing, this option may not be: exercised by the lender or the <br />bolder of the note: when the indigibility for msurancc under the <br />National Housing Aa is due to the Lender's failure to remit the <br />mortgage insurance premium 10 the Department of Housing Ilnd <br />Urban Dcve10pmeDL <br /> <br />13. Tbal if the: Borrower fails to make any paymen~ of money <br />when the same become due, or fails 10 conform to and comply wilh <br /> <br />.;'8- ~05531 <br />. , <br /> <br />any of the conditions or agrcemenl'i contained in this instrumenl, or <br />the notc which it secures, then the entire pnncipal sum and accrued <br />interest shall at once become duc and payable, at th~ election of ttle <br />Lender. <br /> <br />Lender shall give notice 10 Borrower prior to acceleralion <br />following Borrower's breach of any covenant or agreemenl in thi~ <br />imarument (but not prior to acceleration under paragraph J 2 unless <br />applicable law provides otherw~e). The notice shall !ipecify: (a) the <br />default; (b) the action required to cure the default; (c) a dale, not less <br />than 30 days from the date the notice is given to Borrower, by which <br />the default musI be cured; and (d) that [ailure to cure the default on <br />or before the date specified in Ihe notice may result in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after <br />acceleration Ilnd the right to bring a court action to assert the non- <br />existence oJf a defaulL or any Olher defense of Borrower to <br />acceleration and sale. If Ihe default is nol cured on or before the date <br />specified in the notice, Lender at its oplion may require immediate <br />paym~nl In full of all sums secured by this instrument without <br />further demand and may invoke Ihe power of sale and any other <br />rcmedlC!> permitted by applicable law. Lender shall be entitled to <br />collect III1l'Jlpcnses incurred in pursuing the remedie.'i provided in <br />this paragraph 13, including, but not limited 10. reasonable <br />altorneys' fees and costs of litle cvidence. <br /> <br />If the power of sale is invoked. Trustee shall record a notice of <br />default in each county in which any part of the Property i!o located <br />and shall mail copiC!> of such notice in the manner prescribed by <br />applicable law to Borrower and [0 1he other persons prescribed by <br />applicable law. Arter the lime required by applicable law, Trustee <br />shall give public notice of sale to the persons and in 1he manner <br />prescribed by applicable law, Truster. without demand on Borrower. <br />shall sell the Property at public auclion to the highest bidder at the <br />time and place and under the lerms designated in the notice of sale <br />in one or more parcels and in any order Trustee delermines. Trustee <br />may postpone sale of all or any parcel of the Property by public <br />announcement althe lime and place of any previously scheduled <br />sale. Lender or its designee may purchase the Property al any sale. <br /> <br />Upon rc:ceipt of payment of Ihe price bid, Trustee shall deliver to <br />the purchaser Trustee's deed conveying the Property. The recitals in <br />the Trustee's deed shall be prima facie evidence: of the truth of the <br />sutement'i made lher,'- _ :'._~~ -: ~"'!lll apply the proceeds of the sale <br />in the following mder: (a) to all eJl.pen:o..:~ of the sale, including, but <br />nOllimited 10. Trustee's fees as permitted by applicable law and <br />rca.sonabk attorneys' fees; (hi 10 all sums secured by this Security <br />Instrument; and leI Ilny CJlCCSS to Ihe person or pel'5ons legally <br />entitled 10 it. <br /> <br />14. Upon acceleralion under paragraph 13 or abandonment of Ihe <br />Property, Lender (in person, by agent or by judicially appointed <br />receiverj shall be entitled to enter upon, lake possession of and <br />manage the Propeny and to collect the rents of the Property <br />including those past due. Any rents collected by lender or the <br />receiver shall be applied fil'5tlo payment of the costs of management <br />of the Property and collection of rents, including. bUI not limited 10. <br />receiver's fees. premiums on receiver's bonds and reasonable <br />anorney's feo, and then 10 the sum~ secured by this ins1rument <br /> <br />Page30lS <br /> <br />HUD.92,"3DT -, <br />