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201202016
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Last modified
3/19/2012 3:40:39 PM
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3/19/2012 8:51:17 AM
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DEEDS
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201202016
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2012020�G <br />NON COVENANTS Borrower and Lender fiather covenant and agree as follows: <br />17. Assignment of Rents. Bonower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Ptoperty. Borrower suthorizes Lender or Lender' s agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lendet or Lender's agents. However, prior to Lender's notice to <br />Barrower of Boaower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender giv� notice of breach to Borrower: (a) all reats received by Borrower shall be held by Bonower as <br />t�ustee for benefit of Lender only, tb be applied to the sums aecured by the Sec�mty Instnmient; (b) Lender shall be <br />entifled to collect and receive all of the rents of the Properry; and (c) each tenant of the Property shall pay all rents <br />due and impaid to Lender or Lender's agent on Lender's wtitten demand to the tenant. <br />Borrower has not eacecuted 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 Uvs paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Insirument is paid in full. <br />1& Forecloanre Proc�nre. If Lender reqmlres immediate payment in fnD nnder paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shaD be enHUed to coDed <br />all e�penses �tncnrred in pnrsaing the remedicv provlded ln thLs paragraph 18, inclading, bnt not limited to, <br />reasonable attorneys' fee�s and costs of title evldence. <br />If the power of eale is invoked, Trustee ahall record a noHce of defanit in each connty in which any part of <br />the Property is located and shall mail copies af such no8ce in the manner preacrlbed by appHcable law to <br />Borrower end to the other persons prescribed by appllcable law. After the time reqwtred by appllcable law, <br />Trustee, ahall give public no�lce of sale to the persons and in t6e maoner prescrlbed by applicable law. Trast�, <br />withoat demand on Borrower, shall seII the Property at pnbllc anctton to the high�t bidder at t6e time and <br />place and nnder the terms dea�ignated in the noflce of sale in one or more parcels and in any order Trast� <br />determines. Trusta may postpone sale of all or any parcel of the Property by public annonncement at the time <br />asd place of any previously scheduled sale. Lender or its designee may purchase the Properly at any sale. <br />Upon r�eipt of payment of the prlce bid, Troatee ahsll deliver to the pnrchaser Trastee's deed conveylog <br />the Property. T6e recitals in the Trastee's deed shall be prima fade evldence of the trath of tite atatements <br />made themin. Trustce shall apply the proceeds of the sale in the foIlowing order: (a) to all costs and eapenses <br />of eaercising the power of sale, and the sale, inciuding the payment of the Trustee's fees actaaIly incarred and <br />reasonable attorneys' fees as permitted by appflcable lew; (b) to all sams secnred by this Securlty Instrament; <br />and (c) any eaceas to the peraon or persons legally enHUed to it <br />If the Lender's interest in this Secarlty Instrument is held by the Secretary and the Secretary reqaires <br />immedfate payment in fnll under paragraph 9, the �ecretary may invoke the nonJndicial power of eale provided <br />in the Single Family Mortgage Foreclosure Act of 1994 ("AcN� (12 U.S.C. 3751 et s a.) by requesdng a <br />foreclosure commissloaer designated under the Act to commence foreclosare and to aeD the Property as provided <br />in the Ac� Nothing in the preceding aentence shall deprlve the Secretary of any rights otherwlse available to <br />a Lender nnder tLis paragraph 18 or applicable law. <br />19. R�onveyance. Upon payment of all sums seciued by this Security Instrument, Lender shall request Trusta <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt sec�ued by Uvs <br />Security Instrument to Trustee. Trustee sball recanvey the Property 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 or persons a <br />fee for reconveying the Property, 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. Snbsdtate Trast�. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee apgointed hereunder by an instrument recorded in the county in wlrich Uvs Security Instnmment <br />is recorded. Without conveyance of the Praperiy, the successor trtistee shall succeed to all the title, powet and duries <br />conferred upon Trustee herein and by applicable law. <br />21. Reqaat for Notices. Horrower requests that copies of the notice of default and sale be sent to Borrower's <br />addres,s which is the Property address. <br />2Z. Ridere to this Secnrity Inatrument If one or more riders are eacecuted by Bonower and recorded together <br />with this Security Instrument, the cavenants of each such rider shall be incorporated into and shall amend aad <br />supplement the covenants and agreemeats of Uvs Security Instriunent as if the ridei(s) were a part of this Security <br />Instrument <br />[Check applicable box(es)] <br />� Condominium Rider � Graduated Payment Rider � Growing Equity Rider <br />� Planned Unit Development Rider � Adjustable Rate Rider � Rehabilitafion Loan Rider <br />� Non-Owner Occupancy Rider � Other [SPecifYl <br />FHA N�RA3KA D� OF TRUST - MERS p�eg/� � <br />NmOTZ:FHA 10/27/71 Page 5 of 7 www,doonagk.wm <br />�I�I�II��ll�ll�ll�l��llll�llll�lu W <br />
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