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201406042 <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 sums 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 />FHA Deed of Trust-NE <br />VMP <br />Wolters Kluwer Financial Services <br />4196 <br />VMP4R(NE) (1302).00 <br />Page 7 of 10 <br />