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202208198
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Last modified
11/23/2022 3:34:34 PM
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11/23/2022 3:34:33 PM
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DEEDS
Inst Number
202208198
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202208198 <br />23. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and <br />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 />this 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 this 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 act <br />that would prevent Lender from exercising its rights under this Paragraph 23. <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 <br />right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt <br />secured by this Security Instrument is paid in full. <br />24. Foreclosure Procedure. If Lender requires immediate payment -in -full under Paragraph 10, <br />Lender may invoke the power of sale pursuant to the Nebraska Trust Deeds Act (Nebraska Rev. <br />Stat §§ 76-1001, est seq., as amended or replaced) and any other remedies permitted by applicable <br />law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in <br />this Paragraph 24, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />Subject to compliance with the Nebraska Trust Deeds Act, this Security Instrument authorizes <br />and empowers Trustee to fix the day, time, and place of sale, to sell the Property and all estate, <br />right, title and interest, claim and demand therein, and right of redemption thereof, at one or <br />more sales as an entirety or in parcels; said sale to be by public outcry to the highest bidder for <br />cash or cash equivalent pursuant to the power of sale granted in the Nebraska Trust Deeds Act. If <br />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 />Nebraska Trust Deeds Act to Borrower and to the other persons prescribed by the Nebraska <br />Trsut Deeds Act. After the time required by applicable law, Trustee shall give public notice of sale <br />to the persons and in the manner prescribed by the Nebraska Trust of Deeds Act. Lender may bid <br />at said sale and puchase said Mortgaged Property, or any part thereof, as the highest bidder <br />therefor. At the foreclosure sale the Property may be offered for sale and sold as a whole without <br />first offering it in any other manner or may be offered for sale and sold in any other manner <br />Trustee may elect. The Trustee shall have full power to conducy any sale through an agent <br />appointed by the Trustee for the purpose, but said appointment of agent need not be recoreded. <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 at <br />Page 11 of 16 <br />HECM First Deed Of Trust -2017 <br />
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