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200~0~0~~ <br />bender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach <br />to Borrower. llowever, Lender or a judicially appointed receiver may do so at any time Chere 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 terminate when the debt secured by the Security instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power <br />of sale and any other remedies permitted by applicable 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 />if the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is <br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, Trustee, shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. `T'rustee, 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 parcel of the Property by public announcement at the time <br />attd place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />iJpon receipt of payment of the price bid, 't'rustee shall deliver to the purchaser Trustee's deed conveying the 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 payment 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 Secretary and the Secretary requires immediate payment <br />in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ("Act") (12 iJ.S.C. 3751 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 'trustee to <br />reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br />Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to il. Such <br />person or persons shall pay any recordation costs. t.,ender 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 Trustcc) for services rendered and the charging of the fee is <br />permitted under applicable law. <br />20. Substitute Trustee. Lender, 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 dais 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. if one or more riders are executed by Borrower and recorded together with this <br />Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants <br />and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br />[Check applicable box(es)] <br />^ Condominium Rider ^ Graduated Payment Rider ^ Growing Equity Rider <br />^ Planned Unit Development Rider ^ Adjustable Rate Rider ^ Rehabilitation Loan Rider <br />^ Non-Owner Occupancy Rider ^ Other [Specify] <br />NFI3RASKA FHA DEED OF TRLJST <br />MER5 GYBat~oCSTM <br />ITEM 2696L6 (07D9) (Page 6 pf 7) <br />