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� � 2 010 0 8 9 8 9 „ ��D �.o,� # 503077623 regulatory authority, that any r�moval or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 15, "Hazardous Substances" are those substances defined as toxic or hazardous substances by �nviranmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials cantaining asbestos orformaldehyde, and radioactive materials, As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction wh�re the Prop�rty is located that relate ta health, safety nr environmental protection, N�N-UNIFORM COVENAN7S. Borrower and l.ender further covenant and agree as follows; 17. Asslgnment of Rents. Borrower uncanditionally assigns and transfers to Lender all the rents and revenues of the I'roperry. Borrower authorizes L.ender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lend�r's agents, However, priar to Lender's notice to Bnrrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach ta Barrower: (a) all rents received by Borrower shall be held by Borrawer 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 af the rents of the Property; and (c) each tenant of the Praperty shall pay all rents due and unpaid to Lender or Lender's agent an Lender's written demand to the tenant. Borrawer 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 to enter upon, take control af or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appainted receiver may do sa at any time there is a breach. Any applicatinn of rents shall not cure or waive any default or invalidate any other right ar r�medy of Lender, This assignment of rents of the Praperty shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclasure Procedure. If Lender requires immedlate paym�nt in full under paragraph 9, Lender may Invoke the power of sale and any other remedies permitted by appllcable law. Lender shall be entitlad ta collect all expenses inaurred ln pursuing the remedies under thls par�graph 18, inaluding, but nat limlted ta, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default In each county in which any part af the I�roperty is located and shall mail oapies of such notice In the manner prescribed by applicable law to Borrower and to the other persons prescribed by appllcable law. After the tlme required by appllcable law, Trustee shall give publlc notice af sala to the persons and in the manner prescribed by appllcable law. Trustee, without demand on Borrower, shall sell the Property at publlc auctlon to the highest bidder at the time and place and under the terms deslgnated In the notice of sale In one or more parcels and in any order Trustes determines. Trustee may postpone sale of all or any parcel of the Praperty by publlc announcement at the tim� and place of any previausly scheduled sale. Lender or Its deslgnee may purchase the Property at any sale. If the Lender's interest in this Security Instrument Is held hy the Secretary and the Secretary requlres immediate payment In full under Paragraph 9, the Secretary may invoke the nonjudicial pawer of sale pravlded in the Singla Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.3.C. 37'S1 et seq.) by requesting a fareclosure commissioner deslgnated under the Act ta commence foreclosure and to sell the Property as provlded In the Act. Nothing In the preceding sentence shall deprive the Secretary af any rlghts otherwtse avallable to a Lender under this Paragraph 18 or appllcable law. Upon recelpt of payment of the price bid, Trustee shall deliverta the purchaser Trustee's deed conveying the Property. The recltals In the Trustee's deed shall be prima facle evldence of the truth of the statements made thereln. 7rustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercistng the power of sale, and the sale, including the paymant of the Trustee's fees actually incurred I1At t0 exceed of the principal amount of the note at the tlme af the declaratlon of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this 5ecurity Instrument; and (c) any excess to the person or persons legally entitled to lt. 19. Recanveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee, Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it, Such person or persons shall pay any recordatinn casts. 20. Substitute Trustee. Lender, at its option, mayfrom time to time remove Trustee and appoint a successor trustee to any 7rustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conv�yance �f the Property, the successar trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Fiequest far Notices. Borrower requests that copies of the notices Qf default and sale be sent to Borrawer's address which is the Property Address. 22. Ftlders tn this Securlty Instrument. If one ar more riders are executed by Borrower and recarded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreem�nts of this Security Instrument as if the rider(s) were a part of this S�curity Instrument. [Check applicable box(es)] CJ Candominium Rider � Grawing Equity Rider � Planned Unit Development Rider C-J Graduated Payment Rider 0 Other(s) [specify] FHA Nabraska Deed of 1'rust-a/8s xni�ials: , � Online Documents, Inp. P81�9 5 of 6 E FHADE 0802 i1-15-2010 18:Op