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2oioo9�s1 <br />receive all rents and revenues of the Property as trustee for the henetit of L,ender and Borrower. �'his assignment of' <br />rents constitutes 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 6orrower shall be held by Burrower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) 1.ender sha]] be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Properry shall pay all rents <br />due and unpaid to Lender or Lendcr's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph l7. <br />Lender shall not 6e required co enter upon, take concrol of or maintain the Prvperty befare or After giving notice <br />uf breach ro Borrvwer. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shall not cure or w�ive any default or invalidate any ocher right or remedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosun Prucedure. If Lender requireg iromediate payment in tull undew paragraph 9, Lendew may <br />invoke the power of sale und any other remedics permitted by applicable law. Lender shall be entitled tu cullect <br />all expenses incurrcd in pursuing the remedics pro'vlded in this paragraph 1$, including, but not limi[ed to, <br />rensonable attorneys' fces and costs oT title evidence. <br />If the power of sale is invoked, Trustee shall rccord a nntice of default in each cuunty in which any part ut <br />the Pruperty is located and she11 mall copies of such nutice In the manner prescribed hy spplicable law to <br />Borwower and to the uther persons prescribed by applicable Iaw. After the timc required by applicable law, <br />'1'rustee, shall give public not3ce of sale to the persuns and in the manner prescribed by applicable law. 7'rustee, <br />without demand un Borrower, shall sell the Pruperty nt public auction ta the higl�est bidder at thc time and <br />place and under the term� designated in the notice uf sale in one or more parccls and in sny order 7'rustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by pu6lic announcement at the time <br />and place of any prevlously scheduled sale. Lender or its designee may purchaye the Property at any xale, <br />Upon receipt of puyment of the price bid, Truscee shall deliver to the purchxser Trustee's deed comeying <br />the Proper[y. 7'he recitals in the Trustee's dced shall be prima facie evidencc uf the truth of the statemcnts <br />made therein. Trustec sha11 apply the proceeds ut the �ale In the following order: (a) to all costs and expenses <br />of exerclsing the pawer of �ale, and the sale, including the payment of the Trustee's fces actually incurred and <br />rcusonablG sAd�6eys' fees as permitted by applicable law; (b) to aCl sums secured by this Security [nstrument; <br />and (c) any excess tv the per�un or persons legally enHtled tu il. <br />If the Lender's interest in this Security Instrument is held by the 5ecretary and the Secretary requires <br />immediate payment in tull under paragraph 9, the Secretary may invoke the nonjudicial puwew of sale provided <br />in the Single Family Mvrtgage Foreclosure Act of 1994 ("Act'� (12 [I.S.C. 3751 et seu.) by requesting a <br />Poreclosure commissioncr de�fgnated under the Act to commence foredosure and to sell the Property as provided <br />in the Act. Nothin� in the preceding sentence shall deprive the Secretary of any rights otherwise available to <br />a Lender under this paragraph 18 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request'I'rustee <br />to recomey the Property and shall surrendcr this Security Instrument and all notes evidencing dehc secured by this <br />Security Instrument to'I'rustee. Trustcc shall reconvey the Property without warranty to the person or persons legally <br />enti�led to it. Such person or persons shall pay any recordation cuses. Lender may charge such person or persons a <br />fee for reconvcying the Property, hut only if'the fee is paid m a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under applicable law. <br />Z0. Subytltute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Insrrument <br />is recorded. Without conveyance of the Property, t}ie successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br />address which is the Properry address. <br />2z. Itidcrs to this Security Instrument. If une or morc riders are executed by Borrowcr and recorded together <br />with this Securiry Instrument, the covenants of each such rider shsll 6e incorporated into and shall amend and <br />supplement the covenants and agreements of this Securiry Instrument as if the rider(s) were a part of this Security <br />Instrument. <br />[Check applicable box(es)J <br />� Condominium �ider � Uradunted Payment Ridcr � Grvwing �,quity Rider <br />� Planned Unit Development Rider [� Adjustable Rate Rider [] Kehabilitation Loan Rider <br />� Non-Owner Uccupancy Rider � Other (SpecifyJ <br />��/ I�L.N�� <br />FHA NEE3RASKA D OF TRUST - MERS <br />NEDOTZ.FWA 11/01/DS <br />�OCMa�ic�J�@7rtnA4y tlao-6a9.f3s4 <br />Page 5 of 7 www.dxmaglc.com <br />