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200902454 receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. Tbis assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower sball be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured 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 bas not ClIOecuted any prior assignment of the rents and bas not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, tske 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 any defilnlt or 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 requlres immediate paYJDellt In full under paragrapb 9, Lender may Invoke tbe power of sale and any other remedies permitted by applleab1e law. Lender shall be entitled to collect all expeDses ineurred In pursuing the remedies provided In this paragraph 18, iDelUdlng, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is Invoked, Trustee shall record a notiee of default In each county in wbieb any part of the Property is located and sball mall eopies of sneh notiee In the manner prescribed by appDeable law to Borrower and to the other persons prescribed by applleable law. After the time required by appDeable law, Trustee, shall give public: notice of sale to the persons and in the manner prescribed by appDeable law. Trustee, without demand on Borrower, shall sell the Property at pubUe auetion to the highest bidder at the time and place and under the terms desJgnated in the notice of sale In ODe or more parceis and In any order Trustee detennlnes. Trustee may postpone sale of all or any pareel of the Property by pub6e announcement at the time and place of any previously scheduled sale. Leader or Its designee may pun:hase the Property at any sale. Upon receipt of payment of the price bid, Trustee sball deliver to the purcbaser Trnstee's deed conveying the Property. The recitals in the Trustee's deed sball be prima facie evidence of the truth of the statements made tberein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses of exerelsing the power of sale, and the sale, including the payment of the Trustee's fees actually lneurred and reasonabli aMieys' fees as permitted byappUeable law; (b) to all SUMS seeured by this Seeurity InstrumeDt; and (e) any excess to the person or persons legally entitled to it. If the Lender's Interest lu this Seeurity Instromeut Is held by the Seeretary and the Secretary requires immediate payment in full under paragrapb 9, tbe Secretary may Invoke the nonjudklal power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Ad") (12 U.S.c. 3751 ~.) by requesting a foreclosure commissioner designated onder the Ad to COIDmeDce foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Seeretary of any rights otherwise avallable to a Lender nnder this paragraph 18 or appUeable law. 19. R.eeonveyauee. Upon payment of all sums secured by this Security Instrument, Lender sball request Trustee to reconvey the Property and sball surrender this Security Instrument and all notes evidencing debt secured by tbis Security Instrument to Trustee. Trustee shall 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, hut only if the fee is paid to a third party (such lIS the Trustee) for services rendered and the charging of the fee is permitted under applicable iaw. ZO. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a sueeessor trustee to any Trustee appointed hereunder by an instrument recorded in the county in wbieh this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Request for Notlees. 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 this Security Instrument, the covenants of eaeh such rider sball be incorporated into and sball amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Cheek applicable box(es)] o Condomiuium Rider o Planned Uuit Development Rider o Non-Owner Oecupancy Rider o Graduated Payment Rider o Adjustable Rate Rider o Other [SpecifY] o Growing Equity Rider o Rehabilitation Loan Rider FHA NEBRASKA DEED OF TRUST - MERS NEDOTZ.FHA 11/01108 Page 5 of 7 DocMag/c ~ 800-649-"62 www.dQl:magIc.com