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201301916 <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />1 nstrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting <br />the Property is necessary; Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws <br />and laws of the jurisdiction where the Property is located that 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 unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes 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 Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower'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 gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that <br />would 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 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 instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable <br />attorney's fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and <br />to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give <br />public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on <br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms <br />designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled <br />sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the <br />power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorney's <br />fees as permitted by applicable law; (b) to all sums secured by this Security Instrument; and (c) any excess to the <br />person or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate <br />payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single <br />Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 e seq. sting a foreclosure <br />FHA Nebraska Deed of Trust <br />Initial <br />Page 5 of 8 <br />