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201000587
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1/27/2010 4:55:05 PM
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1/27/2010 4:55:04 PM
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DEEDS
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201000587
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20100058' <br />0116650185 <br />However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the <br />Security lnstrument, Borrower shall collect and receive all rents and revenues of the Property as trustee <br />for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not <br />an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security Instrument; <br />(b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the <br />tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any <br />act that would prevent Lender from exercising its rights under this Paragraph 19, except as provided in the <br />First Security Instrument. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br />notice of breach tv Borrower. However, Lender or a judicially appointed receiver may do so at any time there <br />is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy <br />of Lender. This assignment of rents of the Property shall terminate when the debt secured by this Security <br />instrument is paid in full. <br />20. Foreclosure Procedure. If Lender requires immediate payment in full by Paragraph 9, <br />Lender at its option may require immediate payment in full of all sums secured by this Security <br />Instrument without farther demand and may invoke the power of sale and any other remedies permitted <br />by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />provided in this Paragraph 20, including, but not limited to, reasonable attorneys' fees costs of <br />title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default In each county in which <br />any part of the Property is located and shall mail copies of such notice in the matter prescribed by <br />applicable law to Borrower and to the other persons prescribed by applicable law. After the time <br />required by applicable law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at <br />public auction to the highest bidder at the time and place and under the terms designated in the notice <br />of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale <br />of all or any parcel of the Property by public announcement at the time and place of any previously <br />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 <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth <br />of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: <br />(a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of <br />the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applilcable Law; <br />(b) tv all sums secured by this Security instrument; and (c) any excess to the person legally entitled <br />t0 It. <br />21. Lien Priority. The full amount secured by this Security Instrument shall have a lien position priority <br />subordinate only to the fttll amount secured by the First Security Instrument. <br />22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the <br />person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may <br />charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third <br />party (such as the Trustee) for services rendered and the charging of the fee is permitted under applicable law. <br />First American Loan Production Services Nebraska HEC.M Security lnstrument <br />X2008 First American Rcal Estate Solutions LLC <br />FALPS# NEHECM2SIF-7 Rev. 03-14-09 Page 7 <br />
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