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200810349 receive all rents and revenues ol'the Property as trustee for the benefit ol- L,ender and Borrower. This assignment of' rents constitutes an absolute assignment and not an assignment for additional security only. If bender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit ol'Lendcr only, to be applied to the sums secured by the Security Instrument; (b) bender shall be entitled to collect and receive all of -thc rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lcndcr or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment ol'the rents and has not and will not pe lbrm any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon. take control ofor maintain the Property before or after giving notice of'breach to Borrower. I lowever, bender or ajudicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of bender. 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 immediate payment in full under paragraph 9. Lender may invoke the power ol'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 attorneys' tees and costs of title evidence. Ifthe power ofsale is invoked, "Trustee shall record a notice of- default in each county in which any part ofthe Property is located and shall mail copies ol'such notice in the manner prescribed by applicable 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. Trustee, without demand 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 'Trustee determines. Trustee may postpone sale ol- 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 purchase- ' Trustee's deed conveying the Property. The recitals in the'Trustec's deed shall be prima facie evidence of the truth ol'the statements made therein. Trustee shall apply the proceeds of- the sale in the lullowing order: (a) to all costs and expenses of exercising the power of- sale, and the sale, including the payment of the 't'rustee's fees actually incurred. not to exceed 5 . 0 0 0 % of the principal amount of the note at the time ol'the declaration of default, and reasonable attorneys' lees as permitted by law; (b) to all sums secured by this Security Instrument: and (c) any excess to the person or 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 11011judicial power ol'sale provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 l I. S.C. 3751 et sLg.) by requesting a foi- eclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. Reconveyance. Upon payment of all sums Secured by this Security Instrrnncnt. Lender shall rcquest'Trustec to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to 'Trustee. 'Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 20. Substitute Trustee, bender, at its option, may from time to time remove "Trustee and appoint a successor trustee to any 'Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 21. Request for Notices. Borrower requests that copies ol'the notices of default and sale be sent to Borrower' s address which is the Property address. 22. Riders to this Security Instrument. Ifone or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of cacti such rider shall be incorporated into and shall amend and supplement the covenants and agreements ot'this Security InStl'amellt as ifthe rider(s) were a part of -this Security Instrument. IChcck applicable box(es)J, ❑ Condominium Rider ❑ Planned Llnit Development Rider ❑ Non -Owner Occupancy Ride rGraduated Payment Rider ❑ Adjustable Ratc Rider ❑ Other [Specify ❑ Growing Equity Rider Rehabilitation Loan Rider [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] FHA NEBRASKA DEED OF TRUST - MERS _ DocMagic �,'Y YY7U a1 800 - 649.1362 6 /gfi Page 5 of 7 www.docmagic.com