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<br />200901327 <br /> <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 receivcr may do so at any timc 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 terminatc when the debt secured by the Security Instrument is paid in full. <br />IS. Foreclosure Procedure. I f Lender requires immediate payment in full under paragraph 9, Lender may invoke the power <br />of sale and any other remedies pennitted by applicablc law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />Ifthc power of sale is invoked, Trustee shall record a notice of defaldt in each county in which any part of the Property is <br />locatcd and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other pcrsons <br />prcseribed by applicable law. After the time required by applicable law, Trustee, shall give public notice of sale to the pcrsons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br />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 <br />order Trustee determines. Trustee may postpone sale of all or any parecl of the Propcrty by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying thc 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 paymcnt of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by applicable law; <br />(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br />If the Lender's interest in this Security Instrument is held by the Seerctary and the Secretary requires immediate payment <br />in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Singlc Family Mortgage <br />Foreclosure Act of 1994 ("Act") (12 U.S.c. 375 I 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 Trustce to <br />reconvey the Property and shall surrcnder this Security Instrument and all notes evidencing debt sccured by this Security <br />Instrument to Trustee. Trustec shall reconvcy the Property without warranty to the person or persons legally entitled to it. Such <br />person or persons shall pay any recordation costs. Lendcr may charge such person or persons a fee for reconveying the <br />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 <br />permitted under applicable law. <br />20. Substitute Trustee. Lcnder, 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 conferred upon <br />Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's address <br />which is the Property address. <br />22. Riders to this Security Instrument. Ifone or more riders are executcd by Borrower and recorded together with this <br />Security Instrument, the covenants of cach such rider shall bc incorporated into and shall amend and supplement the covenants <br />and agreements ofthis Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br /> <br />o Condominium Rider <br /> <br />o Graduated Payment Rider <br /> <br />o Growing Equity Rider <br /> <br />o Rehabilitation Loan Rider <br /> <br />o Planned Unit Development Rider <br /> <br />o Adjustable Rate Rider <br /> <br />o Non-Owner Occupancy Rider <br /> <br />00 Other [Specify] Manufactured Home Rider <br /> <br />NE8RASKA 'FHA DEED OF TRUST <br />MER$ <br />ITEM 2696L6 (0709) <br /> <br />GreatDocs ™ <br />(Page 6 of7) <br />