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201307555
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Last modified
12/31/2013 9:24:15 PM
Creation date
9/16/2013 11:59:43 AM
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DEEDS
Inst Number
201307555
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201307555 <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 of <br /> 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 <br /> and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower.This <br /> assignment of 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 stuns secured by the Security Instrument; (b)Lender shall <br /> be entitled to collect and receive all of the rents of the Property; and (c)each tenant of the Property shall pay all <br /> rents 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 would <br /> 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 <br /> breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of <br /> Lender.This assignment of rents of the Property shall terminate when the debt secured by the Security <br /> 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 <br /> all expenses incurred in pursuing the remedies under this paragraph 18, including, but not limited to, <br /> 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 part of the <br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower <br /> and to the other persons prescribed by applicable law.After the time required by applicable law,Trustee shall <br /> give public notice of sale to the persons and in the manner prescribed by applicable law.Trustee, without <br /> demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and <br /> under the terms 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 and place of <br /> any previously scheduled 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 requires <br /> immediate payment in full under Paragraph 9,the Secretary may invoke the nonjudicial power of sale provided <br /> in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq) by requesting a <br /> foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as <br /> provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise <br /> available to a Lender under this Paragraph 18 or applicable law. <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 <br /> therein. Trustee shall apply the proceeds of the sale in the following order: (a)to all costs and expenses of <br /> exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br /> reasonable attorneys' fees as permitted by Applicable Law;(b)to all sums secured by this Security Instrument; <br /> and(c)any excess to the person or persons legally entitled to it. <br /> 1 <br /> FHA Deed of Trust-NE �^ iso <br /> VMP® F,,'I P4R( 04)0D <br /> Wolters Kluwer Financial Services e 7 of 10 <br /> 1111011011111011111111111111111111111111111111111110111 <br /> 0000NE4878536 <br />
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