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200407855
<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 the
<br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of
<br />the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach
<br />of any covenant or agreement in t he Security Instrument, Borrower s hall collect a nd r eceive a 11 r ents and revenues of the
<br />Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and
<br />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 trustee for
<br />benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and
<br />receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or
<br />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 prevent
<br />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 of breach
<br />to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of
<br />rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the
<br />Property shall terminate when the debt secured by the Security Instrument is paid in full.
<br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this
<br />Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br />provided in this Paragraph 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 any part of the Property is
<br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons
<br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons
<br />and in the manner 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 sale in one or more parcels
<br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of this Property by public announcement
<br />at the time an place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment o f the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein, Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale,
<br />including the payment of the Trustee's fees actually incurred, not to exceed .5 % of the principal amount of the note at the time
<br />of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all s urns secured by this Security
<br />Instrument; and (c) any excess to the persons legally entitled to it.
<br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary required immediate payment
<br />in full under Paragraph 9, the Secretary may i nvoke the nonjudicial power of sale provided in the Single Family M ortgage
<br />Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act
<br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the
<br />Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
<br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and a 11 notes evidencing debt s ecured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs.
<br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
<br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
<br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties coferred upon Trustee
<br />herein and by applicable law.
<br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
<br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants
<br />and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
<br />[Check applicable box(es)]
<br />Condominium Rider
<br />Planned Unit Development Rider
<br />Adjustable Rate Rider
<br />FHA Nebraska Deed of Trust - 2/91
<br />DOCUUNE5
<br />DOCODN85.VTY 09/33/2002
<br />Graduated Payment Rider
<br />Growing Equity Rider
<br />Page 5 of 7
<br />0 Other(s) [specify]
<br />�C�
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<br />200407855
<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 the
<br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of
<br />the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach
<br />of any covenant or agreement in t he Security Instrument, Borrower s hall collect a nd r eceive a 11 r ents and revenues of the
<br />Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and
<br />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 trustee for
<br />benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and
<br />receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or
<br />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 prevent
<br />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 of breach
<br />to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of
<br />rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the
<br />Property shall terminate when the debt secured by the Security Instrument is paid in full.
<br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose this
<br />Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br />provided in this Paragraph 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 any part of the Property is
<br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons
<br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons
<br />and in the manner 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 sale in one or more parcels
<br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of this Property by public announcement
<br />at the time an place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment o f the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property.
<br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein, Trustee shall apply
<br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale,
<br />including the payment of the Trustee's fees actually incurred, not to exceed .5 % of the principal amount of the note at the time
<br />of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all s urns secured by this Security
<br />Instrument; and (c) any excess to the persons legally entitled to it.
<br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary required immediate payment
<br />in full under Paragraph 9, the Secretary may i nvoke the nonjudicial power of sale provided in the Single Family M ortgage
<br />Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act
<br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the
<br />Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law.
<br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
<br />reconvey the Property and shall surrender this Security Instrument and a 11 notes evidencing debt s ecured by this Security
<br />Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
<br />legally entitled to it. Such person or persons shall pay any recordation costs.
<br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to
<br />any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
<br />Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties coferred upon Trustee
<br />herein and by applicable law.
<br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address
<br />which is the Property Address.
<br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
<br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants
<br />and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
<br />[Check applicable box(es)]
<br />Condominium Rider
<br />Planned Unit Development Rider
<br />Adjustable Rate Rider
<br />FHA Nebraska Deed of Trust - 2/91
<br />DOCUUNE5
<br />DOCODN85.VTY 09/33/2002
<br />Graduated Payment Rider
<br />Growing Equity Rider
<br />Page 5 of 7
<br />0 Other(s) [specify]
<br />�C�
<br />
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