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2 0 l 0 0'7 8 5� V3 WgCD LOAN # 503065187 regulatory authority, that any removal or nther remediation vf any Mazardous Substances affecting the Property is necessary, Bvrrpwer shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous 5ubstances" are those substances defined as toxic or hazardaus substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petraleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos orformaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is Iocated that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follnws: 17. Assignment of Rents. Borrawer unconditionally assigns and transfers to Lender all the rents and revenues af the Property. Borrower authorizes L.ender or Lender's agents to collect #he rents and r�venues and hereby directs each tenant af the Property to pay the rents to Lend�r or Lender's agents. Hawever, prior to Lender's notice to E3arrower of Barrower's breach of any covenant or agr�ement in the 5ecurity Instrument, �orrower shall collect and receive all rents and revenues of the I'roperry as trustee for the benefit of Lender and Barrower. 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 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 writCen demand to the tenant. Borrower 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 tn enter upon, take control af ar maintain the Property before or after giving natice of breach to Bnrrower. However, Lender or a judicially appainted receiver may do sn at any time there is a breach. Any application of rents shall not cure orwaive any default or invalidate any other right or remedy of Lender. This assignment nf rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedura. If Lender r�quires immediate payment In full under paragraph 9, Lender may invnka the power af sale and �ny other remedias permitted by applicable law. Lender shall be entitled to collect all expenses Incurred in pursuing the remadles under this paragraph 18, including, but nat I(mtted to, reasonable attorneys' fees and costs of tltle evldence. If the power of sale is invoked, 7rustee shall recard a natice of default In each county in whlch any part of the Property Is Iocated and shall mall copies of such notice in the manner prescrlbed by applicable law to 8orrawer and to th� other persons prescrlbed by applicable law. After the tlme required by applicable law, Trustae shall give public notice of sale ta the persons and in th� manner prescribed by applicable law. Trustee, wlthaut demand on Borrower, shall sall the Property at puhllc auctlon to the highest bidder at the time and place and under the terms deslgnated in the notice of sale in one or mare parcels and in any order Trustee determines. Trustee may postpone sale of all ar any parcel of the Property by publlc annauncement at the #ime and place of any previously scheduled sale. Lend�r ar its designee may purcha�e the Property at any sale. If the Lender's interest In thls Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudlcial power of sale provided in the Single Family Mortgage Foreclvsure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a forealosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprlve the Secretary of any rlghts otherwise available to a Lender under this Paragraph 18 or applfcable law. Upon recelpt of payment of the price bid, Trustee shall dellver to the purchaser Trustee's deed conveying the Property. The recitals In the Trustee's deed shall be prlma facle evldence of the truth of the statements made thereln. 7ru�tee 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, Inoluding the payment of the Trustee's fees actually incurred, not to exceed of the principal amount of the note et the tlme of the declaration of default, and reasonable attnrneys' faes as permitted by law; (b) tn �II sums secured by thls Security Instrument; and (c) any excess to the person or persons legally entitled to It. 19. R�aonveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee ta reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. 7rustee shall reconvey the Property without warranty and without charge ta the person or persans legally entitled to it. Such person or persons shall pay any recordation costs, 20. Substitute Trustee. L.ender, at its option, mayfrom time to time remave Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Securi#y Instrument is recorded. Withaut 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. Borrower requests that capies of the notices of default and sale be sent to Borrower's address which is the Properry Address. 22. Rlders to thls Security Instrument. If one or 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 af this Security Instrument as if the rider(s) were a part nf this Security Instrument. [Check applicable box(es)] � Condominium Rider CI Growing Equity Rider C� Planned Unit Development Rider C�7 Graduated Payment Rider � Other(s) [speciiy] FHA Nebraska Deed of Trust - 4/86 Qnline Documents, Inc. Page 5 of 5 Initials: W N��FMADE 0802 io-zi--zoio i�:51