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. . 88-10621" apply lbem 10 said Indebledncss os wcll before as Dftcr defDuh in the condiuons of Ihls Inslrument, ond the t.;nder ma,!,d- mand, SDe for and recover ony such paymenls when due and paYDble. but shall not be required su 10 do. This assignment is to lenninnte and become null and void upon rclcase of Ihis Inslrumcnt. 10. Thai the Borrower will keep the buildings upon said premises in good rcpair, and neither commit nor pennlt waste upon said land, nor suffer Ibe said premises to be used for any unlawful purpose. II. '11Iat 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 laking of, or the consideration for such acquisilion, 10 the extent of the full amount of indebledness upon this inslTUmenl and thc note which it is given to secure remaining unpaid, are bereby assigned by the Borrowcr 10 the Lender. and shall be paid forthwith to said Lendcr 10 be applied by the lauer on account of the next maturing installm~nlS of such indebtedness. 12. The Borrower further agrees that should this inslTUment and the note secured bereby not be eligible for insurance under the National Housing ACI within eight montljs from the date hereof (written slalement of any officer of the Depanment of Housing and Urban Development or authorized agent of the Secrelary of Housing and Urban Development dated subse- quent to the eight months~ time from the date arlhis instrument. declining to insure said note and this.mortgage, being deem- ed conclusive proof ofsuch ineligibility), the Lender or holder of the note may, at its option. declare all sums secured herehy immediately due and payable. Notwitbslanding the foregoiog, this option may not be cxercised by the Lender or the bolder of the note wben the ineligibility for insurance under the National Housing ACI is due to tbe Lender's failure to remit the mongage insurance premium (0 the Department of Housing and Urban Development. 13. ThaI if thc BolT'lwer fails to makc any payments of money when the same become due, or fails to confonn 10 and comply with any of the condilions or agreements contained in this instrument, or the note which it secures, then the entire principal sum and accrued inlerest shall at once become due and payable. althe election of the Lender. Lender shall give notice to Borrower prior 10 acceleration following Borrower's breach of any covenant or agreement in this instrument (but not prior to accelcrration under paragraph J 2 unless applicabJe law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. 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 to cure the default on or before the date specified in the notice may result in acceleration of Ihe sums secured by this instrumenl and sale of the Property. The ~tice shall f~er inform ,Borrower of the right to reinstate after acceleration and the right to bring a court action to assert me non-existCn~ of a default or any other defense of Borrower to acceleration and sale. If the defauJt is not cured on or before the date specified in the notice, Lendcr al ils option may require immediate payment in full of all sums secured by this inslTUment without further demand and may invokc the power of sale and any other remedies pennined by applicable Jaw. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragrapb 13, in- cluding. but not limited to, reasonable attorneys. fees and costs of title evidence. If the power of salc in invoked. Trustee shall record a notice of default in each county in whicb any part of the Propeny is located and shall mail copies of such nOlice in the manner prescn1>ed by applicable law 10 Borrower and to the other persons p.....,ribed by applicable Jaw. After the lime required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee. without demand on Borrower, shall sell the Property 31 public auction 10 the highest bidder al the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee detennines. Trustee may postpone sale of all or any parcel of the Property by public announcement at lb. time and place of any previously scbeduled sale. Lender or ils designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recital. in lbe Trustee's deed shaD be prima facie evidence of the truth of the slatemenls made tbereilL Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to. Trustee's f... u permitted by applicable Jaw and reasonable attorneys' fees: (b) to all sums secured by this Security Instrument: and (c) any excess 10 the person or persons legally entitled_to it. 14. Upon acceleration under paragraph 13 or abandonment of the Property. Lender (in person. by agent or by judicially appointed receiver) shall be entitled 10 enter upon, lake possessiooof and manage the Prqperty and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the COlIs of management of the Property and collection of rents. indnding. but not limited to. receiver's fees, premiums on receiver'. hoods and reasonable anomcys' fees. and then 10 the sums secured by this instrument. IS. Upon payment of all sums secured by this instrument, Lender shall request Trustee to reconvey the Property and shall surrender this illltrument and all notes evidencing 'debt secured by this instrumenl tn Trustee. Trustee shall reconvey the PiOperty without WUraoty and without charge to the person or persons legally entitled to iL Such person or persons sbaII pay any reoonIalioo costs_ _ 1!\. ~, II! lis option. ma~ from time to time remove Trustee and appoint a successor lruStee 10 any Trustee appointed beriOmdcir bY.an intrumeot recoided in the county in which this instrument is recorded- Without conveyance of the Prope'rty, the.~ lruSlee sball sUcceed to all the title, power and duties conferred upon Trustee bereiD and by applicable Jaw_ .-ri;-:IIOm...ier ~tIUIl copies of the notices of default and sale be senlto Borrower's address which is the Property ~\.:-;)-1': '-::. ' ~:_'.- . - "\:> . 18. lfOlle or more riders are executed by Bonower IIId recorded IOgClber with this instrument, the rovenants and agreements ofeKhauch rider sba11 be incorporated into and sball amend and IUpplement the covenants and agreements of this inslTUmenl ..-if the rider(s) were a pail uf.this ~ 19. The COVCDaDlIo herein contained sba11 bilId. and the beadlIs and advantages shall inure to, lb. respective heirs. ex- eaiton, admiaislndon. _. and aaipa of the parties berdo. Whenever used. the singular number shall include the 1lIunI, the pIula\ IIH: 1iqu1ar, IIId IIH: l1li: of .Illy 8eodco' aha11 include all genders. ... I." Form lIIO.a,os-ot ~~ all"