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20090905E V2 WBCD LOAN' # 50274632$ regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos ar formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Barrawer and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Horrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Harrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This 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 shall beheld 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. Barrawer has not executed any prior assignment of the rents and has 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, take control of ar maintain the Property before or after giving notice of breach to Borrower. However, Lender ar a judicially 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 Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 1$. Foreclosure Procedure. If Lender requires Immediate payment in full under paragraph 9, Lender may Invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expanses incurred In pursuing the remedies under this paragraph 18, including, but not limited to, reasonable attorneys' feQS and costs of title evidence. 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 located and shall mail copies of such notice In the manner prescribed by applicable law to Harrower 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 of all ar any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender ar Its designee may purchase the Property at any sale. 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 nonjudiclal power of sale provided In the Single Family 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. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, Including the payment of the Trustee's fees actually Incurred, not to exceed of the principal amount of the Hate at the tlmo of the declaration of default, and reasonable attorneys' fees 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. 19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee 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. Lender, at its option, mayfrom 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 Trustee herein and by applicable law. 21. Request for Notices. Barrawer requests that copies of the notices of default and sale be sent to Horrower's address which is the Property Address. 22. Riders to this Security Instrument. If one ar more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall 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 Security Instrument. [Check applicable box(es)] D Condominium Rider 0 Gnawing Equity Rider D Planned Unit Development Rider D Graduated Payment Rider D Other(s) [specify] FHA Negraska Deed of Trust - a/9s Online Documents, Inc. initials: Page 5 of 6 N FHA 0802 11-12-2 12:03