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201008098 <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to <br />Borrower. However, Lender or a judicially appainted receiver may do so at any time there is a breach. Any application of rents <br />shall not cure or waive any default or invalidate any other right or reznedy of I,ender. This assignment of rents of tbe Property <br />shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires unrnediate payznent in full under Paragraph 9, Lender may invoke the power <br />of sale and any other rernedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Paragraph 18, including, but not limited to, reasonable attomeys' fees and costs of title evidence. <br />If the power of sale is invoked, Tzvstee shall recard a notice of default in each county in which any part af the Property is <br />located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, 'I'rustee shall give public notice of sale to the persons <br />and in the manner pxescribed by applicable law. 1"rustee, without demand on Borrowex, shall sell the Property at public auction <br />to the highest bidder at the time and place and under the terms designaced in the notice of sale in ane or more parcels and iux any <br />order Trustee determines. Trustee znay postpone sale af all or any parcel of the Property by public annauncement at the tune <br />and place of any previousiy scheduled sale. Lender or its designee may puxchase the Praperty at any sale. <br />Upon receipt of payment of the price bid, Trustee sha�l deliver ta the purchaser Trustee's deed conveying the Property. The <br />recitals in the Trustee's deed shall be prima facie evidence of the truth of the stateznents made therein. Trustee shall apply the <br />praceeds af the sale in the following order: (a) to all costs and expenses of �xercising the power of sale, and the sale, including <br />the payment of the Trustee's fees actually incurred, not to exceed .5000 % of the pxincipal amount of the note at the tirne of the <br />declaration af default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Securaty <br />Instrument; and (c) any excess to the person or persons legally entided to it. <br />If the I,ender's interest in this 5ecurity Instrument is held by the Secretary and the Secretary requires nnmediate payment <br />in full under Paragraph 9, the Secretary may invake the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et se�c .) by requesting a:foreclosure comniissioner designated under the <br />Act ta commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive <br />the Secretary of any rights otherwise available to a Lender under this Paragraph 1$ or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Securiry Instrument, Lender shall request Trustee to reconvey <br />the Properly and shall surrender this Security Instrument and all notes evidencing debt secured by this Secuxity Instrument to <br />Trustee. Trustee shall reconvey the Property without warranty and vvithout charge to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation costs. <br />20. Substitute Trustee. Lender, at its aption, may from time to time remove Trustee and appoint a successor trustee to any <br />Trustee appointed hereunder by an instrument recoxded in the county in which this Security Tnstrument is recorded. WiChout <br />conveyance of the Properry, the successor trustee sha11 succeed ta all the title, power and duties conferred upon Trustee herein <br />and by applicable law. <br />21. Rec�uest for Notices. Borrowex requests that capies of the notices of default and sale be sent to Borrower's address which <br />is the Properry Address. <br />22. Riders to this Security Instru�nent. If one ar more riders are executed by Borrower and recoz'ded togethez' with this <br />Security Instrument, the cavenants of each such rider shall be incorporated into and sha11 amend and supplement the covenants <br />and agre�ments of this Security Instrument as if the z'ider(s) were a part of this Security Tnstrument. <br />[Check applicable box(es)] <br />❑ Condominium Rider <br />❑ Planned Unit Development Rider <br />❑ Other(s) <br />[specify] <br />❑ Growing Equity Rider <br />❑ Graduated Payznent Rider <br />GV2171-7 (696) Page 7 of 8 <br />I IIIIII II�II IIIII IIIII IIIII II�I� �II�I I�II� (IIII IIIII IIII IIIIIII III IIIIII IIIII IIIII II�II IIII IIII <br />1 1 � 1 2 6 8 9 3 4 G V 2 1 7�, <br />FHA Nebraska Aeed of Trust <br />,� r <br />