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<br />Lender. In event of loss Borrower will give immediate notice by
<br />mail to the Lender, who may make proof of loss if not made
<br />promptly by Borrower, and each insurance company concerned
<br />is hereby aUlhorized and directed to make payment for such loss
<br />directly to the Lender instead of to the Borrower and the
<br />Lender jointly, and the insurance proceeds, or any part thereof,
<br />may b. applied by Ih. L.nder .t it. option .Ith.r to th.
<br />reduction of the indebtedness hereby secured or to the
<br />restoration or repair of the property damaged. In event of
<br />Foreclosure of thi.!1 instrument or other transfer of title to the
<br />mortgaged property in extinguishment of the indebtedness
<br />secured hereby, aU right, tille and interesl of the Borrower in
<br />and to any insurance policies then in force shall pass to the
<br />purchaser or grantee.
<br />9. That as additional and collateral security for the payment
<br />of the note described, and all sums to become due under this
<br />instrument, the Borrower hereby assigns to the Lender all
<br />profits, revenues, royalties, rights and benefits accruing to the
<br />Borrower under any and all oil and gas leases on said premises,
<br />with the right to receive and receipt for the same and apply
<br />them to said indebtedness as well before as after deFault in the
<br />conditions of 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 null and void upon release of this instrument.
<br />10. That the Borrower will keep the buildings upon said
<br />premises in good repair, and neither commit nor permit waste
<br />upon said land, nor surrer the said premises to be used for any
<br />unlawful purpose.
<br />11. That if the premiscs, or any part thereof, be condemned
<br />under the power of eminent domain, or acquired for a public
<br />use, the damages awarded, the proceeds for the taking of, or
<br />the consideration for such acquisition, to the extent of the full
<br />amount of indebtedncss upon this instrument and the note
<br />which it is given to secure remaining unpaid, are hereby assigned
<br />by the Borrower to the Lender, and shall be paid fonhwith to
<br />said Lender to be applied by the latter on account of the next
<br />maturing installments of such indebtedncss.
<br />12. The Borrower Further agrccs that should this instrument
<br />and the note secured hereby not be eligible for insurance under
<br />the National Housing Act within eight months from the dale
<br />h.reof (written statement of eny officer of th. Departm.nt of
<br />Howing and Urban Development or authorized agent of the
<br />Secretary of Housing and Urban Development dated subsequent
<br />to the eight months' time from the date of this instrument,
<br />declining to insure said nOle and this mortgage, being deemed
<br />conclusive proof of such ineligibility), the Lender or holder of
<br />the note may, at its option, declare all sums secured hereby
<br />immediately due and payable. Notwithstanding the foregoing,
<br />this option may not be exercised by the Lender or the holder of
<br />the note when the ineligibililY for insurance: under the National
<br />Housing Act is due to the Lender's failure to remit the
<br />mortgage insurance premium to the Department of Housing and
<br />Urban Development.
<br />13. That if the Borrower fails to make any payments of money
<br />when the same become due, or fails to conform to and comply
<br />with any of the conditions or agreements contained in this
<br />instrument, or the note whicb it securcs, then the entire
<br />principal sum and accrued interest shall at once: become due and
<br />payable. at the election of the Lender.
<br />
<br />88- 106186
<br />
<br />Lender shall give notke to Borrower prior to acceleration
<br />following Borrower's breach of any covenant Of agreement in
<br />this instrument (but nOI prior to acceleration under paragraph
<br />12 unless appllcabl. law provld.. olh.rwi..), Th. notlc. .hall
<br />specify: (a) the default; (b) tbe action required to cure the
<br />defaultj (c) a date, not less than 30 days from the dale the
<br />notice is given to Borrower I by which the default must be curedj
<br />and (d) that 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 inform Borrower of the right to reinstate after
<br />acceleration and the right to bring a coun action to assert the
<br />non-existence of a default or any other defense of Borrower to
<br />acceleration and sale. If the default is not cured on or before
<br />the date specified in the notice, Lender at its option may require
<br />immediate payment in fun of all sums secured by this
<br />instrument without funher demand and may invoke the power
<br />of sale and any other remedies permitted by appJicable Jaw.
<br />Lender shall be entitled to conect all expenses incurred in
<br />pursuing the remedies provided in this paragraph )3, including,
<br />but not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<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 tbe Property is
<br />located and shall mail copies of such notice in the manner
<br />prescribed by appJicable law to Borrower and to the other
<br />persons prescribed by applicable law. After the time required by
<br />applicable law, Trustee shall give public notice of sale to the
<br />persons and in the mann:r prescribed by applicable law.
<br />Trustee, without demand on Borrower, shall sell the Property at
<br />public auction to the highest bidder at the time and place and
<br />under the terms designated in the notice of sale in one or more
<br />parcels and in any order Trustee detennines. Trustee may
<br />postpone .sale of all or any parcel of the Property by pUblic
<br />announcement at the time and place of any previously scheduled
<br />sale. Lender or its designee may purchase the Property at any
<br />sale.
<br />Upon receipl of payment of the price bid, Trustee shall deliver
<br />to the purchaser Trustee's deed conveying the Property. The
<br />recitals in the Trustee's deed shall be prima facie evidence of the
<br />truth of the statements made therein. Trustee shall apply the
<br />proc..... of th. saI. in th. following ord.r: (a) to all ""p.ns.. of
<br />the sale, including, but not limited to, Trustee's fees as
<br />permitted by .pplicahl. Jaw end ....on.bl. .nom.y.' fcc.; (b)
<br />to all sums secured by this Security Instrument; and (c) any
<br />excess to the person or persons legally entitled to it.
<br />14. Upon acceleration under paragraph 13 or abandonment of
<br />the PropenYl Lender (in person, by ageDt or by judicially
<br />appointed receiver) shall be entitled to enter upon, take
<br />possession of and manage the Propcny and to collect the rents
<br />of the Propeny inclUding those past due. Any rents coUected by
<br />lender or the receiver shall be applied first to payment of the
<br />costs of management of the Propeny and collection of rents,
<br />including. but not limited to, receiver's fees, premiums on
<br />receiver's bonds and reasonable attorneys' fees, and then to the
<br />sums secured. by this instrument.
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