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9, Thai IS IddlUon.l and collateral lecurtty 'or (hi ~)'fTl'"t 0' the noli delcrtblld, and II sums to become dul und. this Inltnunent, tht" Borrowar haroby a.lilJI. to th. Land.,. III prom., n1YenUH. royo/llea. righll and bin.... aocrulng to lhe Borrow.. under any and .. aU and II: I.IH on Aid pnmIlH. whh th. right to _. and receipt lor ~;.:: :,.d =ct%::'"o,'~h~:~~~~~-::/th:L:.,~:,~' :.- monel. ..a for and racov... any such payments when clua snd payabls. :. ~~~t ::1 == ~~~ :;'1S~~1 t~:I~II:"~t~D termlnalO 10. That the Borrower wm keep the buUdlngs upon said premfses in good repair, and neither commit ne:' penrit waste upon said land, nor autfflr the saki premia. to be used in any unlawful purpose. 11. That It the pnmls., or any part thereof, be condemned under the power of eminent domain. or Icqylted for I pubUc use, the dam. ages awarded. the proceeds for the taking of, or the consideration for such acquls1tlon, te the extent o' the fuR amount 01 Indebtedness upon this Instrument and the note which h Is given to secure remlinlng un paid. are hereby assigned by the Borrower to the Lender, and shaD be paid fDrthwIIh m aald Lender to b. appUed by the len", on a..ount of the next maturing Ins!aDments of such Indebtedness. 12. The Borrower further agrees that should this Instrument and the note secured hereby not be etIgible for insurance under the NaUonll1 Housing Ad wtthln eight months from the date hereof (written statement of any ofIIcer of th. Department of Housing and Urban Development or 81nhorized agent of the Seaetary of Housing and Urban Development dated subaequent to the eight months' lime from the date of this instru- ment, dedlning to Insure said nole and this mortgage, being deemed conclusive proof of such lneDglbWtj), the lender or holder of the note may, at hs option, declare aD sums secured hereby Immediately due and payable. Notwithstanding the foregoing. this option may not be exer~ cIaed by the Lender or the holder of the note when the ineligibility for insurance under the National Housing Act Is due to the Lender's faDure to remit the mortgage Insurance premium to the Department of Housing and Urban Development. 13. Thllt If the Borrower falls 10 make any payments of money when the same become due, or faDs to conform to and comply with any of the conditions or egreements contained In this InstrumenL or the note which h SeaJr8S, then the I!'1tire principal sum and acatled Interest shall at once become ctJe and payable, at the election 01 the Lend.... Lender shall give notice to Borrower prior to accelenlUon following Borrower's breach o' any covenant or agreement in this InstJUment (bul not prior 10 accelll1lllon under parallfllllh 12 unleas appDceble law provides othorwlaa). Tha notice shall apaclfy: (s) the dola1llt; (b) the action requlrad to wre tha default: (e) a dale, not less than 90 days !rom tha date the nollca Is dven to Borrower. by which the delautt ""at ba curad: and ld) thaI faiul1l In CUI1l Iha defauh on or befOlll the dala apecItIed In the notice may mutt In .cceI....tion of th. sums secured by thll instrument and sale of the Property. The notice shal further Intocm Borrower o' the right to reinstate after acceleration and the right 10 bring I COUJt action to usert the non-existence of . default or any oth. defense of Borrower to acceleration and sale. If ths defauh Is not and on or before the date specified In the noUes, Lender at Ita opllon may raquinl 111m_I. payment In iuD 01 all sums secured by this InS1nlment whhou1 further demand and may Invoke the power of sale and any olher remedies permitted by spplcable law. Lender shaD be enWed to colect .. expenaes Incurred in pursuing the remedIea plllVldad In this paragraph 13. including. but nol UmIled to. reuonabie attomeva' fees and costs of title evidence. 88-106684 If the power ot eaSe Is Invoked. Trustee ahan record I nob of defluh In lIeh county In which Iny pan of the Property Is located Ino ~"t~~=: ;:d':~h~O~~erk1p::o:~::s:nr:~: ~::=. Mer the time required by applicable law, Trulltee sh'" give pubUc ::: :~.;!~:f~~~t:h:ind~d ~hBO=': s~~=~e~:pII- at pubftc auellon to the highest bidder at the time mld place .:Y under the terms designated in the notice of sole In one or more parcels and In any order Trustee determines, Trustee may postpone sale or all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender Dr hs designee may purchase the Property at any sale. Upon receipt ot payment of the price bid. Trustee shaD deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shaD be prima facie evktence of the truth of the stelern",,1a made therein. Trustee shall apply tha proc:eeda of the aala In the fonowlng order: (8) to aU expenses of the sale, inducing, but not nmhed 10, Trustee's fees as permitted by appUoabIa law and reIII&onable attorneys' feesi (b) te an sumlll secured by t~a Security Insln.lment; and (0) any excess to the person or persons legally entlUed to It. 14. Upon acceleration under paragraph 13 or abandonment of Iha Property. Lender On person. by agent or by judlclalty appointed re- ceiver) shall be entitJed to enter upon, take possession of and manage Ihe Property and to coDeclthe rents of the Prq>erIy including those past due. Arty rents coUeded by Lender or the receiver shal be appled first to payment of the costs of management of the Property and coBeo- tion o. rents. including, but not IIm1ted to, receiver's fees. premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Insbument 15. Upon paymenl of aD sums seaJl1ld by !his Insbumen\. Lender shaD request Trustee to reconvey the Property and shaD sturender this Insburnenl and aQ notes evidencing debt sacurad by \his Inatrumenl 10 Tru:stoa. TNstee shaD reconvey the Property wtthaut W8JT8l1ty and without charge to the person or persons 1egaDy entided to it. Such person or persons shall pay any recordation costs. lB. Lender, at Its option, may from time to tine remove Trustee and appoint a successor Trustee to BlTi Trustee appoilted hereunder by an InstJUment recorded In the county In which this InsUument Is recorded. Without conveyance of the Property, the successor bUstee ahaD succeed to aD th. lItIe. POW'" and duties conferred upon Trustee hareln and by appDcabIe law. 17, Borrower requests 1hllt copies 01 the notices o' deIauJI and sale be sent 10 Borrower's address which Is the Property Address. 18. It one or more riders are executed by Borrower Ilnd recorded together with this InstJUmenl, the covenants and agreements of each such rider shaD be Incorporated Into and shill amend and suppkment the covenants and agreements of 1hls Instrument as if the rider(s) were a part of this Instrument F4333.CT1 (10i!lD1 220819254 HUD-9214:J.OT PDge 3 at S