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200213435 As used in this paragraph r'6, "Hazardous Substances" are those substances dettred as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other fissionable or toxic petroleum poshlebx, toxic pesticides and he,bieides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate ro health, safety or environmental protection. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows. 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property_ RormWel authm izos Leale, Of I.endcl's agents to collect the , cull and mvenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. however, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. 'Ibis assignment of rents constitutes an absolute assignment and not an assignment for additional security only. IF Linde, gives notice of ,reach to Borrowee (a) all rents received by Bonowe shall he held by Borrower as trustee for beneht of Lendu only, to he applied to the sums secu,el by the Security Instrument; (b) Lender shall be entitled to collect and 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 Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Paragraph 17. Lender shall not he required to enter upon, take control of or maintain the Property before or after giving outlier of h,cach to Ronowe. Howcvc,, Leude. of ajudiceilly appointed he:cive. may do so at any lime there is a breech. Any application of hens shall not eme of waive any default o, invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full_ 18. Foreclosure Procedure. If Lender requires im enediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's tees and costs of title evidence. If the powe, of sale is invoked, I i ustec shall record a notice of default in each county iu which any pa t of the Property is loestal and shall mail copies of such notice ill rile menu,, pmswihed by zpplieahlc law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. 'I'mstec, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terns designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Pnpetty at any Hale_ Upon receipt of payment of dm pnicc hid, Tnmtec shall deliver to the purchaser Trustee's deed conveying the Property_ The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. "trustee shall apply the proceeds of the sale in the following order (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the 'I'rustee's fees actually incurred, not to exceed % of the principal amount of the note at the dine of the declaration of default, and rcasonahle attorney's fees as permitted by law; (h) to all suns secured by this Security bIHn II1FICm and (c) any excess hh rile pe,sou of persons legally entitled to it. If The Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Morgage Foreclosure Act of 1994 ( "Act") (12 U.S.C. 3751 et see.) by requesting a foreclosure commissioner designated under the Act to continence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any Tights otherwise available to a fend„ undo this Paragraph IS nt applicable law duunxvr lndlWn� �� OMD 0173 (499) Page 6 Cat FHA Nebraska Deed of Trust