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�U120596` <br />LOAH �i HQ112096053 <br />°Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower uncond�ionally assigns and transfers to Lender all the rents <br />and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and <br />revenues and hereby directs each tenant ofthe Properiy to pay the rents to Lender or Lender's agents. <br />However, prior to Lender's no�ce to Borrower of Borrower's breach of any covenant or agreement in <br />the Security Instrument, Borrower shall collect and recelve all rents and revenues of the Property as <br />trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute <br />assignment and not an assignment for addi�onal security only. <br />If Lender gives noUce of breach to Borrower: (a) all rents received by Borrower shall be held by <br />BoROwer as trustee for benefit of Lender only, to be applied to the sums secured by the Security <br />Instrument; (b) Lender shall be entiUed to collect and receive all ofthe rents ofthe Property; and (c) each <br />tenant ofthe Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written <br />demand to the tenent. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any <br />act that wouid prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after <br />giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at <br />any time there is a breach. Any application of rents shall not cure orwaive any defauft or invalidate any <br />other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt <br />secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate peyment in full under peragreph 9, <br />Lender mey Invoke the power of sele and any other remedles permitted by eppllcable law. Lender <br />shell be entitled to collect all expenses Incurred In pursuing the remedies under this paregreph <br />18, including, but not Ilmited to, reasonable attorneys' fees and costs of Utle evidence. <br />If the power of sale Is invoked, Trustee shall record a notice of defeult In each county in which <br />any part of the Property Is loceted and ahall mall coples of such notice In the manner preacribed <br />by applicable lew to Borrower and to the other persons prescribed by applicable law. ARer the <br />tlme required by appilcable Iaw, Trustee shell glve public noUce of sale to the persons and in the <br />menner prescribed by applicable law. Trustee, without demand on Borrower, ahall sell the <br />Property at public auction to the highest bidder at the tlme end place and under the terms <br />deslgnated in the notice of sale in one or more parcels end In any order Trustee determines. <br />Trustee may postpone aele of all or any parcel of the Property by public announcement at theUme <br />and place of eny previously acheduled sale. Lender or fts deslgnee may purchese the Property <br />et any sale. <br />If the Lender's interest in thls Security Instrument is held by the Secretery end the Secretary <br />requlres Immedlate payment In tull under Paragreph 9, the Secretary may Invoke the nonJudiclal <br />power of sale provided In the Single Famlly Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. <br />37b1 et seq.) by requesting a foreclosure commlasioner designated under the Act to commence <br />toreclosure end to sell the Properly as provlded In the Act. Nothing In the preceding sentence <br />shall deprive the Secretary of any rlghts otherwlse avallable to a Lender under this Peragreph 18 <br />or epplicable Iaw. <br />Upon receipt of payment of the pNce bid, Trustee shall dellver to the purcheserTrustee's deed <br />conveying the Properly. The recttals In �e Trustee's deed shall be prima facie evidence of the <br />truth of the statements mede thereln. Truatee ahall epply the proceeds of the sele in the following <br />order: (a) to all costs and expenaes of exercising the power of sale, end the sele, Including the <br />payment of the Truatee'a feea actually Incurred, not to exceed of the principal <br />emount of the note at the Ume of the declareUon of default, and reasonable attomeys' fees es <br />permitted by law; (b) to all aums secured by thia Security Instrument; and (c) any excess to the <br />person or persons legally enUtled to it <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, 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 />writhout warranty and without charge to the person or persons legally entitled to it. Such person or <br />persons shall pay any recordation costs. <br />20. SubsUtute Trustee. Lender, at its option, may irom time to time remove Trustee snd appoint <br />a successor Vustee to any Trustee appointed hereunder by an instrument recorded in the county in <br />which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee <br />shall succeed to all the tiUe, power and duties conferred upon Trustee herein and by applicable law. <br />21. Requeat for NoUces. Borrower requests that copies of the notices of default and sale be sent <br />to Borrower's address which is the Property Address. <br />22. Riders to thls Securlty Instrument If one or more riders are executed by Borrower and <br />recorded togetherwith this Security Instrument, the covenants of each such rider shall be incorporated <br />FFIA Nebraeka Deed of Truet-4/96 Iaitials: � <br />Online Documenta, Inc. Pege 6 of 7 NEEFHADE 1108 <br />