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201007926 <br />rereive all tents and revenues of the Propetty as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assigntnettt and not an assignment for additional secutity only. <br />If Lender gives notice of breach to Borrower: (a) all rencs received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Secutity Insttument; (b) Lender shall be <br />entitled to collect and teceive all of the rents of the Property; az�d (c) each teuant �f the Property shall pay all rents <br />due and unpaid to Lender or Lender's agent ozi Lettdet's written demand to the tenant. <br />I3otrower lias not executed any prior assignment of the rettts �ttd l�as taot and will not perfotm auy act that would <br />prevent Lender frorn exercising its rights under this patagtaph 17. <br />Lendet shall not be reyuired to enter upon, take contral of or anaiutaiu the Pxoperty before ot aftet giving notice <br />of breach to Borrower. However, Lendcr or a judicially appointed receiver may do so at any tirr�e tlaere is a breach. <br />Any application of rents shall not cure or waive ar�y dafault or invalidate any otlier right or remedy of Lender, '('liis <br />assig►arnent of rents of the Property shall terminate when the debt secured by the Security Instrumeut is paid in full. <br />18. Fureclosure Procedure. If Lender requires ittxn�edi�te payinent in full under paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by a�plicable law. Lendee shall be entitled to collect <br />all expenses fncurred in pursuing the remedies provided in tltis paragraph 18, including, but npt limited lo, <br />reasonable attorneys' Tees and costa of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in e�ch county in which any part of <br />the Property is located apd shall mail copies of such notice in the �nanner prescribed by �pplicablc law to <br />Borrower and to the other persons prescribed by applicable law. After tl�e t�me required by applic�ble law, <br />'1'rustee, shall give public notice of sale to the persons and in the manner prescribed by applicable law. '1"rustee, <br />without demand on Barrower, shall sell the Praperty at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or mure parcels and in any order 7'rustee <br />determines. Trustee may postpone sale of all or any parcel of tl�e Property by public annuunrement at the time <br />and place uf gny previously scheduled sale. Lender or ita designee may purcl�ase the Yroperly at any sale. <br />Upan receipt of payment oF the price bid, Trustee sha11 deliver to the purehaser Trustee's deed cpnveying <br />the Properky. The recitals in the Trustee's deed shall be prima facie evidence of the truih of the stakements <br />made therein. Trustee sha11 apply the proreeds of the sale �n the following urder: (a) to all costs and exper�ses <br />oF exercising the power of sale, and Che sale, including the payment of the 7'rustee's fees actually incurred and <br />reasonabl6 al'&Q'6eys' fees as permitted by applicable law; (b) to all sums secured by this Security Instrument; <br />�nd (c) any excess to the person or persons legally entitled to it. <br />1f tl►e Lender's interest in this Security I��strun�ent is held by the 5ecretary and the Secretary requires <br />lmmediate payment in futl under paragraph 4, the Secretary may invoke lhe no��judlcial pnwer ut sale provided <br />in lhe Single Family Mortgage Foreclosure Acl of 1994 ("Act") (12 U.S.C. 3751 et sea.) by reyuesting a <br />fureclosure commissioner designaled under the Act to comme��ce foreclosure and to sell the Property as provided <br />in the Act. Nothing in tlie preceding sentence sltall deprive the Secretary of any rights otherwlse avail�ble to <br />a Lender under this paragraph 1$ vr applicable law. <br />19. Reconveyance. Upon payment of all su�ns secured by this Security Instrument, Lender shall reyuest Trustee <br />to teconvey the Property and shall surrendet this Security Inscrumettt ancl a(1 notes evidencing debt secured by this <br />Security Instrument to Ttustee. Trustee shall reconvey clze Property witl�out warrai�ty to the persan or petsons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender �nay cl�atge such person or persons a <br />fee for recoqveyiug the Property, but only if the fee is paid to a third party (such as the Trustee) for services tendeted <br />and the charging of the fee is permitted undet appiicable law, <br />20. Substitute Trustee. Lender, at its option, may frvm time to time remove Trustee and appoint a successvr <br />trustee to any Ttustee appointed hereunder by an instrument recorded in the county in which this Security lnstrument <br />is recorded. Without conveyazice of the Property, the successor ttustee shall succeed to all the title, power and duties <br />confetred upon Trustee herein and by applicable law. <br />21. Request Tpr Notices. k3otrvwet reyuests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Property address. <br />22. Riders to this Secarity lnstrument. lf one or mare riders are executed by f3ottower and recorded together <br />with tl�is Security Instrument, the covenatris vf each such rider shall be incorporated into and shall atnend and <br />suppletnent th� covenants aud agreements of this Security lnsttument as if the rider(s) were a part of tktis Secutity <br />lnstrument. <br />[Check applicable box(es)] <br />� Condominium Rider <br />� Planned Unit Development Rider <br />� Non-Ownet Uccupancy Rider <br />� Graduated Payment Rider <br />� Adjustable Rate Rider <br />� Qther [Specify] <br />� Growit�g �c�uity Ridet <br />� Rehabilitati��� Loa�z Rider <br />Borrower Initials: �( � C�� <br />FHA NE8FL4SKA D�Ep dF TRUST - MERS <br />NF.AOTZ.FHA 11 /01 /08 <br />Page 5 of 7 <br />DOCMBg%C�k� 800-849-?382 <br />www. dacmaglc. com <br />