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201100136 <br />receive all rents and revenues of the Propexty as trustee for the bcntfit of Lender and Borrower. This assignmsnt af <br />rents con�stitutes an absolute assignment and not an assignment for additional security only. <br />If Lender givcs notice of brcach to Borrower: (a) all ren� received by Borrower shall be held by Bonower as <br />trustee for benefit af Lender only, to be applied to tt�e suma secured by the Securiry Instrument; (b) Lender shall be <br />entitled W oollect and receiva all of the rents oF the Property; and (c) each tenant of tha Praperty shall pay all rents <br />due and unpaid to I.,ender or Lender' a agent on Lender's written demand bp the tenan� <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 fts rights under this paragraph 17. <br />Lender shall not he requircd to aiter upon, take conh�ol of or maintain the Praperry before ar aftex giving notice <br />of broach to Borrowr,x. However, Lender or a judicially appointed receiver rnay do so at any time there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />aasignment of rants of tlae Property shall terminate when ttxe debt secured by the Security Instrument is paid in full. <br />l8. Forecl�ure Procedure. Tf I.ender requiree fmmedlate payment in full under paragraph 9, Lencler may <br />invoke the power of �ale And any other rem�lies permitted by appllcable law. Lender shall be entitled ta collect <br />all expensea iacurred in pursuing the remedie6 provided �n this paragraph 18, including, but not limited to, <br />re�sonable attorneys' fees and costs of title evldenee. <br />If the power of a�ie ia invnked, Truetee ehall record a notice of def4ult in es�ch county in whfch aay part of <br />the Property la located and shAIl mail copies of �uch notice in the manner prescrlbed 6y appiicable law tn <br />Barrowsr and to the other persons prescribed by �ppUcable law. After the time required by applicable law, <br />Trustee, shall glve public notice of sale to the peraons aad in the manner prescribed by applicabie law. Truetee, <br />without demand on Bnrrawer, sha11 sell the Property at public suction to the hfghest btdder at the tima and <br />place and under the terme deaignated in the notice of sale in one or more pnwcsls and in any order Trustee <br />determines. Tru�tee may postpone aale of al1 or any parcel of the Property by public annauncenaent at the time <br />and place of any prevlously echeduled aale. Lender or its designee m�y parchase the Property at any sale. <br />Upou roceipt of payment of the price bid, TYuatee ahall deliv�r to the purchaser Trustee's deerl conveylag <br />the Property. The recital� ln the Trustee's deed shall be prima tsde evldence of the truth of the atstements <br />made therein. Trustee shall apply the proceeds of the sale in the (allowing arder: (a) to sll costa and expeases <br />of exercisiug the power of sale, and the s�e, including the payment of the Trustee's fees actu�lly lncurred and <br />rcasoaahlE a�Gi�9eys' feea xs permitted by appiicable law; (b) to � aurns aecured by tb�is Security Inatrumeaut; <br />and (c) any ezcess to t6e pecson or persons le�ally ent[tled to i� <br />lf the I.ender'a interest in this Security Inetrument is held by the Secretary snd the S�retary requires <br />immedfixte payment in full under para�raph 9, the Secretary may invoke the non,�udlcial power of sale pruvided <br />im the Single l�xmily Mort�age l�oreclognre Ac# of 1994 ("Act'� (12 U.S.C. 37S1 et eea.) by requeating a <br />foreclosure commisaloner desi$nated under the Act to commenee forccloaure and to �ell the Property as provided <br />in the Aet. Nothing ln the precedin$ eenkence sha�l deprlve the Secretary of any righta otherwlae available to <br />a Lender under thia parxgraph 18 or applicable Isw. <br />19. Reconveyance. Upon payment of all sums secured by this 5ecurity [nstrumient, T�dcr ahall request Trustee <br />tn reconvey the Froperty and ahall surrender thia Secur�ty Instcuu�ent end all notes cvide�ncing debt secured by this <br />Security Instrument to Trustee. Trustee ahall reconvey the Properry without warranty to the person or persons legally <br />entitled W it. Such peraon or persans shall pay any recordation costs. Lcnder may charge such person or persons a <br />fee for reconveying the Property, but anly if the fce is paid to a third party (such as tho Trustee) for serviccs rendered <br />and the cnarging of the fee ia permitted under a�licable law. <br />20. Sub:tltute Trustee. Lcndcr, at ita option, may from time to time rernove Trustee and appoint a succassor <br />trustee W any Trustes appointed hereunder by en instrument recorded in the county in which this Securiry Instrument <br />is recorded. W'rthout convayance o£ the Property, tt►e successor trustee aha11 succeed to all the ritle, power and duties <br />conferred upon Trustee herein and by applicable law, <br />21, Request for Notkes. Borrower requcsts t�at copies of the notice of default and sale be sent to Borrower's <br />address which is the Property address. <br />22. Ridera to thia SecurGty lastruiment, If one or more riders are execubed by Borrower and recorded together <br />with this Security Tnstnutaent, the cqvcnants of cach such rider shall be incarporated into and sk►all arnend and <br />supplement the covenants and agreements of this Securiry Instrument as if the ridcr(s) were a part of this Security <br />Instrument <br />[Check applicable box(es)] <br />[] Condominium Rider [) Graduated Payment Raider [J Growing Equity Rid� <br />(] Planned Unit Developrnent Rider � Adjustable Rate Rider � Rehabilitation Loan Ridec <br />[] Non-0wnar Occupancy Rider [] Other [Specify] <br />FHA I��RA$1(A (��$7 QF TFi1J$T - MC� DOCMp�lC �1X� 8Q0-B49-1962 <br />N�QTZ.FHA 11I01/OS Pape 5 pf 7 www.tbcmagJccan <br />