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201305967 <br /> V2 WBCD LOAN # 503936019 <br /> "Envirgnmental 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 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 Borrower's breach of any covenant or agreement in <br /> the Security Instrument, Borrower shall collect and receive 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 additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br /> Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security <br /> Instrument;(b)Lender shall be entitled to collect and receive all of the rents of the Property;and(c)each <br /> tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written <br /> demand to 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 which <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed <br /> by applicable law to Borrower and to the other persons prescribed by applicable law.After the <br /> time required by applicable law,Trustee shall give public notice of sale to the persons and in the <br /> manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the <br /> 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 time <br /> and place of any previously scheduled sale. Lender or its designee may purchase the Property <br /> 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 <br /> shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 <br /> 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 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 <br /> persons shall pay any recordation costs. <br /> 20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint <br /> a successor trustee 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 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: SMC, (A <br /> Online Documents,Inc. Page 6 of 7 NEEFHADE 1212 <br /> 07-03-2013 14:38 <br />