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��1�04307 <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act <br />that would prevent Lender from exercising its rights under this Paragraph 17. <br />Lender shall not be required to enter upon, take control of or ma.intain the Property before or after giving <br />notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time <br />there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right <br />or remedy of Lender. This assignment of rents of the Property sha.11 terminate when the debt secured by <br />the 5ecurity Instrument is paid in full. <br />18 Foreclosure Procedure If Lender requires immediate payment in fnll under Paragraph <br />9, Lender may invoke the power of sale and any other remedies permitted by applicable law. <br />Lender shall be entitled to collect all egpenses incnrred in pnrsning the remedies under this <br />Paragraph 18, inclnding, bnt not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trnstee shall record a notice of defanit in each connty in <br />which any part of the Property is located and shall mail copies of snch notice in the manner <br />prescribed by applicable law to Borrower and to the other persons prescribed by applicable <br />law. After the time reqnired by applicable law, Trustee shall give pnblic notice of sale to the <br />persons and in the manner prescribed by applicable law. lrustee, withont demand on Borrnwer, <br />shall sell the Property at pnblic anction to the highest bidder at the time and place and nnder <br />the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public <br />annonncement at the time and place of any previonsly schednled sale. Lender or its designee <br />may purchase the Property at any sale. <br />If the Lender's interest in this Secnrity Instrament is held by the Secretary and the Secretaty <br />requires immediate payment in fnll nnder Paragraph 9, the Secretary may invoke the <br />nonjndicial power of sale provided in the Single Family Mortgage Foreclosnre Act of 1994 <br />("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated nnder <br />the Act to commence foreclosnre and to sell the Property as provided in the Act. Nothing in <br />the preceding sentence shall deprive the 5ecretary of any rights otherwise available to a Lender <br />nnder this Paragraph 18 or applicable law <br />Upon receipt of payment of the price bid, 1'rnstee shall deliver to the purchaser Trustee's <br />deed conveying the Property. The recitals in the 1�nstee's deed shall be prima facie evidence <br />of the trnth of the statements made therein. 1'rustee shall apply the proceeds of the sale in <br />the following order: (a) to all costs and ezpenses of ezercising the power of sale, and the sale, <br />including the payment of the Trnstee's fees actaally incurred and reasonable attorneys' fees <br />as permitted by Applicable Law; (b) to all snms secnred by this Secnrity Instrnment; and (c) <br />any ezcess to the person or persons legally entitled to i� <br />19. Reconveyance. Upon payment of all sums secured by this Security Inshument, Lender shall <br />request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes <br />evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property <br />without warraniy and without charge to the person or persons lega.11y entitled to it. Such person or persons <br />shall pay any recordation costs. <br />HcFO-oo�o3 <br />FHA Deed of Truat-NE Ravised 4/96 <br />VMP� � �, 07/72 <br />Wolters Kluwer Finarxial Services 201205294.1:1.2336-J20120129Y �/� � U%'✓�� Page B o110 <br />/<< � g� <br />