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201109515
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Last modified
1/5/2012 9:48:41 AM
Creation date
12/20/2011 8:51:21 AM
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DEEDS
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201109515
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201i09515 <br />NON COVENANTS Bonower and Lender further covenant and agee as follows: <br />17. Aadgnme� of Rentc. Borrower uncondi6onally aseigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender' s agents to collect the re�s aad revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Bonower of Borrower' s breach of any covenant or ageement in the Security Instrument, Boaower shall collect and <br />receive all rents and revenues of the Properry as trustee for the benefit of Lender and Borrower. Tlvs assignment of <br />rents consti4rtes an absolute assignment mmd not an assignment for additional seciuity only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br />irustee for benefit of Lender only, to be applied to the sums sec�ued by the Security Inscrumen� (b) Lender shall be <br />entifled to collect and receive all of the rents of the Property; and (c) each tenant of the Properiy shall pay all rents <br />due and unpaid w Lender or Lender's agent on Lender's written demand W the tenant <br />Borrower hes not exe,cuted any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to entet u�mn, take conhol of or maintain the Property before or after giving notice <br />of breach to Borrowet. However, Lender or a judicially appointed receiver may do so at any time there is a breach <br />Any application of renis shall not cure or waive any default or invalidate any other right or remedy of Lender. 17�is <br />assignment of rents of the Property shall terminate when the debt secured by the Sec�tt�ity Instrument is paid in fiill. <br />18. Foredosare Procedare. If Lender reqnires immedlate payment in full nnder paragraph 9, Lender may <br />invoke the power of eale and any other remedies permltted by applicable law. Lender shall be entitled to coDect <br />all eapena� incurred in pnrsning the remedies provldai in this paragraph 18, including, but not llmited to, <br />reasonable attomeys' fees and wsts of title evldence. <br />If the power of eale is invoked, Trasta shaIl record a notice of defaalt in each connty in which any part of <br />the Property ia located and shall mail wples of sach noi�ce in the manner prescrlbed by appllcable law to <br />Borrower and to the other persons prescribed by applicable law. After the t3me required by appllcable law, <br />Traet�, aha11 give pnbHc noUce of sale to the persons and in the maoner prescribed by appHcable law. Trastee, <br />witho� demand on Borrower, shall seIl the Property at public anction to the hig6�t bidder at the Hme and <br />place and nnder the terms d�ignated in the notice of sale in one or more parcels and in any order Trastee <br />determines. Trustee may postpone sale of all or any parcel of the Property by pnblic annonncement at the time <br />and place of any previonsly achednled sale. Lender or its de�ignee may purchase the Property at any salc. <br />Upon rereipt of payment of the prlce bid, Trast� ehall deliver to the purchaser Trustee's deed conveying <br />t6e Property. The redtals in the Trastee's deed s6all be prima facie evidence of the trath of t6e statements <br />made therein. Trastee shall apply t6e proceeds of the sale in the following order: (a) to all costs and egpensa <br />of eaercising the power of sale, and the sale, inclnding the payment of the Truatee's fees actnally incurred and <br />reasonable attorneys' fees as permitted by applicable law; (b) to aIl sams secnred by this Secarlty Instrument; <br />and (c) any eace9s to the person or persons legally endtled to it <br />If the I.ender's interest in this Secarlty Inshvment is 6eld by the Secretary and the Secretary reqaires <br />immediate payment in faII nnder paragraph 9, the Secretary may invoke the nonjudicial power of sale provided <br />in the Single Family Mortgage Foreclosure Act of 1994 ("Act'� (12 U.S.C. 3751 et s.) by reqaesdng a <br />foreclosare commissioner des7gnated nnder the Act to commence foreclosare and to seIl the Property as provlded <br />in the Act Nothing in the preceding sentence shall deprlve the Secretary of any rights otherwise availeble to <br />a Lender nnder t6is paragraph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />W reconvey the Property and s6a11 surrender Uvs Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Properiy without warranty to the person or persons legally <br />entitled to it, Such person or persons shall pay any recordation costs. Lender may charge such person ar persons a <br />fee for reconveying the Praperiy, but only if the fee is paid to a tUird party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under applicable law. <br />20. Sabadtute Trastee. Lender, at its option, may from time to time remove Tn�stee and appoint a successor <br />trustee to ffiy Trustee appointed hereimder by an instrument recorded in the county in wlrich this Security Instrument <br />is recorded. Without conveyance of the Property, the succesaor trustee shall succeed to all the tiUe, power and duties <br />conferred upon Trustee herein and by applicable ]aw. <br />21. Reqaest for Notices. Borrower requests that copies of the notice of default and sale be sent to Bonower's <br />ad�ess wluch is the Property address. <br />Z2. Rtders to th9s Secarlty Instrament If one or more riders are executed by Borrower and recorded together <br />with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of flvs Security Instrument as if the rider(s) were a part of Wris Security <br />Instrument <br />[Check applicable box(es)] <br />� Condominium Rider � Graduated Payment Rider � Crrowing Equity Rider <br />� Planned Unit Development Rider � Adjustable Rate Rider � Rehabilitation Loan Rider <br />� Non-Owner Occupancy Rider � Other ISP�YI <br />FHA NEBRASKA D� OFTRUST- MERS Dod�egre� <br />NmOTZ.FHA 05/23H 1 Page 5 of 7 www.dacmagk.mm <br />�I�IW I�I I�I I� II� I I� I�� I I II�II II�II I� <br />
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