200809698 - Laserfiche WebLink

Browse

200809698 Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive ,my default or invalidate any other right or remedy of Lender. TIns assignment of rents of the Property shall ternnnate when the debt secured by the Security Instrument is paid in full. 18. Fo n.'Closu re Procedu rc. If Lender requires i mrnediate pay ment in full under pardgraph y, Lender may invoke the power of sale and any other remedies pemntted by applicable law. Lender shall be entitIed to collect all expenses incurred in pursuing the remedies provided in tI1is paragraph 18. including, but not linnted to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Tmstee shall record a notice of default in each county in which any part of tile Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the otIler 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 maimer prescribed by applicable law. Tmstee, without demmld on Borrower, shall sell the Property at public 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 and in any order Tmstee deternnnes. 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 Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Tmstee' s deed shall be prima facie evidence of the tmth of the statements made therein. Tmstee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising tile power of sale, and the sale, including the payment of the Trustee's fees actually incurred ,Uld reasonable attorneys' fees as pernntted by applicable law; (b) to all sums secured by tins Security Instrument; and (c) any excess to the person or persons legally entitIed to it. If the Lender's interest in this Security Instnunent is held by the Secretlli)' and the Secreta/)' requires imruediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Fmnily Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act Notlling in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under tIns paragraph 18 or applicable law, 19. Reconveyance. Upon payment of all swns secured by Ons Security Instrument, Lender shall request Tmstee to reconvey the Property and shall surrender tIlis Security Instrument and all notes evidencing debt secured by this Security lnstnunent to Trustee. Trustee shaIl reconvey the Property without warranty to the person or persons legally entitled to it Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property. but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under applicable law. 20. Substitute Trustee. Lender, at its option, may frum time to time remove Trustee ~md appoint a successor trustee to any Trustee appointed hereLUlder by an instrument recorded in the county in wInch Ons Security Instrument is recorded. WitIlout conveyance of the Property, the successor trustee shall succeed to all the titIe, power and duties conferred upon Trustce herein and by applicable law. 21. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property address. 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with tIlis Security InslJtullenl. the covenants of each such rider shaIl be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Sccurity I nstmment. IChcek applicable box(es)] o Condominium Rider D Graduated Payment Rider o Growing Equity Rider D Planned Unit Development Rider o Adjustablc Rate Rider D Rehabilitation Loan Rider D Non-Owner Occupancy Rider D Othcr I SpecifY J NEllRASKA FHA DEED OF TRlIST MERS ITEM 2696L6 (0709) GreatOoce™ (Page 6 01 7) CtJC set;