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201304900
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Last modified
12/31/2013 5:21:14 PM
Creation date
6/20/2013 8:42:07 AM
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DEEDS
Inst Number
201304900
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201304900 <br /> CASE #: NE3213220299703 DOC ID #: ********170805013 <br /> NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: <br /> 17. Assignment of Rents. To the extent permitted by applicable law, Borrower unconditionally assigns and <br /> transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's <br /> agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to <br /> Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any <br /> covenant or agreement in the Security Instrument,Borrower shall collect and receive all rents and revenues <br /> of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an <br /> 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 <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; and (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 the <br /> 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 <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 shall terminate when the debt secured by the <br /> Security Instrument is paid in full. <br /> 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender <br /> may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br /> entitled to collect all expenses incurred in pursuing the remedies under this paragraph 18,including, <br /> 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 which any <br /> part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br /> required by applicable law,Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by applicable law.Trustee,without demand on Borrower,shall sell the Property at public <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of <br /> sale in one or more parcels and in any order Trustee determines.Trustee may postpone sale of all or <br /> 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 /> 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.C. <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 shall <br /> deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or <br /> applicable law. <br /> MERS FHA Deed of Trust-NE <br /> 1004M-NE(12/11) Page 8 of 10 <br /> m <br />
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