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<br />event of loss Borrower will give immediaTe notice by mail to the <br />Lender, who may make proof of loss if not made promptly by <br />Borrower, and each insurance company concerned is hereby <br />authorized and directed to make payment for such loss directly to <br />the Lender instead of to the Borrower and the Lender jointly, .:J.nd <br />the insurance Prr>ce('.ds, or anv part thereof, may be applied by the <br />Lender at its option either to the reduction of the indebtedness <br />hereby secured or to the restoration or repair of the property <br />damaged. In event of foreclosure: of Ihis instrumenl or other transfer <br />of title to the mortgaged property in extinguishment of ,he <br />indebtedness secured hereby, all right, title and interest of the <br />Borrowel in and to any insurance policies then in force shall pll'i5 10 <br />the purchaser or gr.mtec. <br /> <br />9. That as additional and collateral security for the payment of the <br />nott: described, and all sums to become due under this instrument. <br />the Borrower hereby assigns to the Lender all profits, revenues. <br />royalties, rights and benefits accruing to the Borrower under any and <br />all oil and gas leases on said premises., with the right to receive and <br />receipt Tor the same and apply them to said indebtedness as well <br />before as after default in the conditions 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 assignment <br />is to terminate and become null and void upon release of this <br />instrument. <br /> <br />10. That the Bonower will keep the buildings upon said premises <br />in good repair, and neither commit nor permit waste upon said land, <br />nor suffer the said premi.ses to be used Cor any unlawful purpo~. <br /> <br />J I. That if the ~remiso, or Dny part thereof, be condemr.ed under <br />the power oC eminent domain, or acquired for a public me, the' <br />damages awarded, the proceeds for the taklQg of, or the <br />consideration for such acquisition, to the eJ;tent of the full amount of <br />indebtedness upon this instrument and the note which It IS given (0 <br />secure remaining unpaid. are hereby asstgned by the Borrower to the <br />lender, and shall be paid forthwith 10 said Lender 10 Ix apphed by <br />the latter on account of the next matunng installment!> of such <br />indebtedn~ <br /> <br />12. The Borrower further agrees that should Ihl!> lO!.trument and <br />the note secured hereby not be eligible for insuranex under the <br />National Housing Act within eight montm from Ihe dale hereof <br />(written statement of any offiexr of the Departmenl of flousing and <br />Urban Development or authorized agem of the Secretary of How.ing <br />and Urban Development dated subsequenl to tht' C'lghl month.,'time <br />from the dale of this instrument.. declining 10 insure: !>AId nOle and <br />this mortgage, being deemed conclusive proof of !ouch IOchgibiJity), <br />the lender or holder of the note may, al its option. declare all sunu <br />secured hereby immediately dut' and paycbIe. Notwitl15landlOg Ihe <br />foregoing, this option may not be exerci!.Cd by tht' lender or the <br />bolder of the note when the ineligibililY for IOsurance under Iht' <br />National Housing Act is due to the Lender's failure 10 remit the <br />mortgage insuranex premium to the Department DC Housing and <br />Urban Devclopment. <br /> <br />13. Thai if the Borrower fails to make any payments of money <br />when the same become due, or fails to conCorm to and comply with <br /> <br />88 106520 <br /> <br />nny of the conditions or agreemenlS contained in this instrument. or <br />the note which it secures, then the entire principal sum and accrued <br />interest shall at once become due and payable. 111 the election of the <br />Lender. <br /> <br />lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this <br />instrument (but not prior to acceleration under paragraph J2 unless <br />applicable law provides otherwise). The notice shall specify: (a) the <br />default; (b) the aclion required to cure the default; (cl a date, not less <br />than 30 days Crom the date the notiex is given to Borrower. by which <br />the default must he cured: and Cd) that failure to cure the default on <br />or bdore the date specified in the notice may result in acceleration <br />of the sums secured by this instrument and sale of the Property. The <br />notice shall Cunher inCorm Borrower of the right to reinstate after <br />acceleration and the righllO bring .a court action 10 assert the non- <br />existence oC a deCault or any other deCense of Borrower (0 <br />acceleration and sale. If the default is not cured on or beCore the date <br />specified in the notice. Lender at its option may require immedialt <br />payment in full DC all sums secured by this instrument without <br />further demand and may invoke the power of sale and any other <br />remedies permitted by applicable law. Lenlkr shall be entitled to <br />collt'Cl all eJ;pet1SCS incurred in pursuing the remedies prmided in <br />this paragraph 13, including, but notlimiled to, reasonable <br />attorneys' fees and costS of title evidence. <br /> <br />If the po.wer oC sale is invoked. Trustee shall record a nObex of <br />default in each county in which any palt of the Property is located <br />and shall mail copies of such notiex in the manner prest::ribed by <br />applicable law to Borrower and to the other persons prescribed by <br />applicable law. After the time required by .ppIic:ab1e ls.w. Trustee <br />shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee. lAoithout demand on Borrower. <br />shall sell the Property at public aucuon to the hlghest bldder at the <br />time and plaex and under the terms designated in the noUce DC sale <br />in one or more parcels and in any order Trustee detemune:s. Trustee <br />may postpone sale of all or any parcel of the Property b)' public <br />announcement at the time and pJac.e of any prevlOusI~. scheduled <br />sale_ lender or its designee may purchase the Property alany saJe. <br /> <br />Upon recript of payment of the price bid. Trustee shll ddi\ov 10 <br />the purchaser Trustee's deed conveying the Property. The recilllls 10 <br />lb.e Trustee's deed shall be prima facie evidenex of the lruth of the <br />statements made therein. Trustee shall apply the proceed!. of the sale <br />in the following order: (a) to aU expenses oC the s:r.le. including. bul <br />not limited 10, Trustcc's Cees as permitted by applicable Jaw and <br />reasonable llouornev!o' fees: (blIO all sums secured bv 11m Secunl'Y <br />Instrument; and (C') any ca.CCS510 the J1Cf5On or pe~m legally . <br />entitled to it. <br /> <br />14. Upon acceleration under paragraph 13 or abandonment of the <br />Property, lender (in person. by agent or by JudiaaJly appolDted <br />receiver, s.hall be entitled to enter upon, take posses:!iion of and <br />manage the Property and to collect the rents of the Propeny <br />including those pa.!ot due. Any lenu. COllecled by Lender Of the <br />receiver shall he applied first to payment of .he costs of management <br />of the Propeny and collection of rents. includmg, but not limited to, <br />receiver'!. feo. premiums on receiver's. bond!. and ~rulblt' <br />attorney'!. feo, and Ihen to the sum!. secured by thB Instrument <br /> <br />Page 3 01 5 <br /> <br />HUO.gz143DT.' <br />