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201006876
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1/11/2011 2:34:42 PM
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9/22/2010 2:48:11 PM
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201006876
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2o~ooss~s <br />15. Successorsand Assigns Bound; Joint and Several Liability, Harrower may not assign any <br />rights or obligations under this Security Instrument or the Second Nate, except to a trust that meets <br />the requirements of the Secretary. Borrower's covenants and agreements shall be joint and several. <br />16. Notices. Any notice to Borrower provided far in this Security Instrument shall be given by <br />delivering it ar by mailing it by first class mail unless applicable law requires use of another method. <br />The notice shall be directed to the Property Address or any other address all Harrowers jointly <br />designate. Any notice to the Secretary shall be given by first class mail to the HUD Field Office with <br />jurisdiction over the Property or any other address designated by the Secretary. Any notice provided <br />for in this Security Instrument shall be deemed to have been given to Harrower or Lender when <br />given as provided in this Paragraph 1B. <br />17. GovemingLaw; Severability.This Security Instrument shall be governed by Federal law and <br />the law of the jurisdiction in which the Property is located. In the event that any provision or clause <br />of this Security Instrument or the Second Nate conflicts with applicable law, such conflict shall not <br />affect other provisions of this Security Instrument or the Second Nate which can be given effect <br />without the conflicting provision. Ta this end the provisions of this Security Instrument and the <br />Second Note are declared to be severable. <br />1ti. Borrower's Copy. Borrower shall be given one conformed copy of the Second Nate and this <br />Security Instrument. <br />NON-UNIFORM COVENANTS. Bwrrower and Lender covenant and agree as follows: <br />19. Assignmentof Rents. Harrower unconditionally assigns and transfers to Lender all the rents <br />and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents <br />and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's <br />agents. However, prior to Lender's notice to Borrower of Harrower's breach of any covenant or <br />agreement in the Security Ins#rument, Harrower shall collect and receive all rents and revenues of <br />the Property as trustee for the benefit of Lender and Horrower. This assignment of rents constitutes <br />an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Horrower shall be held by <br />Borrower as trustee for benefit of Lender only, to be applied to the sums secured by this Security <br />Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) <br />each tenant of the Property shall pay all rents due and unpaid to Lender ar Lender's agent on <br />Lender's written demand to the tenant. <br />Horrower has not executed any prior assignment of the rents and has not and will not perform <br />any act that would prevent Lender from exercising its rights under this Paragraph 19, excep# as <br />provided in the First Security Instrument. <br />Lender shall rat be required to enter upon, take control of ar maintain the Property before or <br />after giving notice of breach to Borrower. Wawever, Lender ar a judicially appointed receiver may do <br />so at any time there is a breach. Any application of rents shall rat cure or waive any default or <br />invalidate any other right or remedy of Lender. This assignment of rents of the Property shall <br />terminate when the debt secured by this Security Instrument is paid in full. <br />20. ForeclosureProcedurs.if Lenderrequiresimmediatepayment in full by Paragraph9, Lender <br />at its op#ion may require immediate payment in full of all sums secured by this Security Instrument <br />without further demand and may invoke the power of sale and any other remedies permitted by <br />applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies <br />providedin this Paragraph20, including,but not limited to, reasonableattorneys' fees costs of title <br />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 prsscribedby <br />applicablelaw to Harrower and to the other persons prescribed by applicable law, After the time <br />required by appllcablelaw, Trustee shall give publicnotice of sale to the personsand in the manner <br />prescribedby applicablelaw. Trustee, without demand on Borrower, shall sell the Propertyat public <br />auction to the highest biddsrat the time and place and underthe terms designated in the notice of <br />sale in ors or more parcelsand in any ordsrTrustse determines.Trustee may postponesaie of all or <br />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 />First American Loan Pn~ductlon Services Nebraska HELM Second Security Instrument <br />®20013 F11ai American Re®1 Estate Solutiorre LLC <br />PALPS# U813 OU08 NMFL #t3808NE Doc Id: t]pNE Pa4e t3 <br />
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