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201302189
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Last modified
12/31/2013 1:36:42 PM
Creation date
3/21/2013 9:27:13 AM
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DEEDS
Inst Number
201302189
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201302189 <br /> LOAN#:0000362223 <br /> "Environmental Law"means federal laws and laws of the junsdiction 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 unconditionally 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 of the Property to pay the rents to Lender or Lender's agents. <br /> However,prior to Lender's notice to Borrower of Borrowers breach of any covenant or agreement in the <br /> Security Instrument,Borrower shall collect and receive all rents and revenues of the Property as trustee <br /> for the benefit of Lender and Borrower.This assignment of rents constitutes an absolute assignment <br /> 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 <br /> as trustee for benefit of Lender only,to be applied to the sums secured by the Security Instrument; (b) <br /> Lender shall be entitled to collect and receive all of the rents of the Property,arid(c)each tenant of the <br /> Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to <br /> the tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform any <br /> act 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 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 or waive any default 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 payment in full under paragraph 9, <br /> Lender may invoke the power of sale and any other remedies permitted by applicable law.Lender <br /> shall be entitled to collect all expenses incurred in pursuing the remedies under this paragraph <br /> 18,including,but not limited to,reasonable attorneys'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 <br /> which any part of the Property is located and shall mail copies of such notice in the manner <br /> prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. <br /> After the time required by applicable law,Trustee shall give public notice of sale to the persons <br /> and in the manner prescribed by applicable law.Trustee,without demand on Borrower,shall sell <br /> 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. <br /> Trustee may postpone sale of all or any parcel of the Property by public announcement at the <br /> time and place of any previously scheduled sale. Lender or its designee may purchase the <br /> Property at any sale. <br /> If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary <br /> requires immediate payment in full under Paragraph 9,the Secretary may invoke the nonjudicial <br /> power of sale provided in the Single Family Mortgage Foreclosure Act of 1994("Act")(12 U.S.G. <br /> 3751 et seq.)by requesting a foreclosure commissioner designated under the Act to commence <br /> foreclosure and to sell the Property as provided in the Act.Nothing in the preceding sentence <br /> shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph <br /> 18 or applicable law. <br /> Upon receipt of payment of the price bid,Trustee shall deliver to the purchaser Trustee's deed <br /> conveying the Property.The recitals in the Trustee's deed shall be prima facie evidence of the <br /> truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following <br /> order: (a)to all costs and expenses of exercising the power of sale,and the sale,including the <br /> payment of the Trustee's fees actually incurred,not to exceed 5.00% of the principal <br /> amount of the note at the time of the declaration of default,and reasonable attorneys'fees as <br /> permitted by 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 /> 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 /> without warranty and without charge to the person or persons legally entitled to it.Such person or persons <br /> shall pay any recordation costs. <br /> 20. Substitute Trustee.Lender,at its option,may from time to time remove Trustee and appoint a <br /> successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which <br /> this Security Instrument is recorded. Without conveyance of the Property,the successor trustee shall <br /> succeed to all the title. power and duties conferred upon Trustee herein and by applicable law. <br /> 21. Request for Notices.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 this Security Instrument. If one or more riders are executed by Borrower and <br /> recorded together with this Security Instrument,the covenants of each such rider shall be incorporated <br /> FHA Nebraska Deed of Trust-4/96 Initials: �"^'A <br /> Ellie Mae,Inc Page 6 of 7 NEEFHADE 1212 <br /> NEEFHADE <br /> 03/05/2013 11:52 AM PST <br /> v • <br /> 1.1 <br /> r % <br /> {L . <br />
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