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2011U01�4 <br />1111056927 <br />for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender sha11 be entitled to c��llect <br />and receive all of the rents of thc Property; and (c) cach tcnant of thc Property shall pay all rcnts due and unpaid to Lcndcr or <br />Lender's agent on [.ender's written demnnd to the tenant. <br />Borrowcr has not executed any prior assignment oF the rents and has not and will not perfonn any act that would <br />prevent I.ender from exercising its rights under this Paragraph l7. <br />Lender shall not be required to enter upon, take control of or maintain the �'roperty before or after giving notice of <br />breach to Borrower. However, Lender or a judicially appointed receiver may da sp at any time there is a breach. Any <br />application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of <br />rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may foreclose <br />this Sccurity lnstrumcnt by judicial proc�eding. Lend�r shall be entitled to collect all expenses incurrcd in pursuing thc <br />remedies provided in this Paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />lf thc power of salc is invoked, Trustee shall record a noticc of dcfault in each county in which any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other <br />persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public natice of sale to the <br />persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee dctermines. Trustee may postpone sale of all or any parcel of this Property by public announcement at <br />the time an place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />Thc rccitals in thc Trustcc's deed shail bc prima facie evidencc of thc truth of thc statemcnts made thcrcin, Trustee shall apply <br />the proceeds of the sale in the following order; (a) to all costs and expenses of exercising the power of sale, and ihe sale, <br />including thc paymcnt of thc Trustcc's fccs actually incurred, not to cxcccd .5 % of thc principal amount of thc note at the time <br />of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by chis Security <br />Instrument; and (c) any excess to the persons legally entitled to it. <br />If the Lender's interest in this Security instrument is held by the Secretary and the Secretary required immediate <br />payment in fiill under Paragraph 9, the Secretary may invoke the nanjudicial power of sale provided in the Single Family <br />Mortgage �'oreclosure Act oF 1994 ("Act") (1? U.S.C. 37S 1 et seq.) by reyuesting a foreclosur� Commissioner dcsignated under <br />the Act to coinmence foreclasure and to sell the Praperty as provided in the Act. Nothin� in the preceding sentence shall <br />dcprivc the Sccrctary of any rights othcrwise availablc to a Lcnder inider this Paragraph 18 or applicable law. <br />19. Rec�nveyance. Upon payment of all sums secured by this Security Instrument, I.ender shall request Trustee to <br />reconvcy thc Property and shall surrender this Security Instrumcnt and all notcs evidencing dcbt sccured by this Sccurity <br />lnstrument to Trustce. Trustcc shall rcconvcy thc Property without warranty and without charge to the person pr pers�ns <br />legally entitled to it. Such person or persons shall pay any recordation costs. <br />20. Substitute Trustee. Lender, at its option, may from time to timc remove Trustce and appoint a successor trustce <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is r�corded. <br />Without conveyance of thc Property, the succcssor trustec shall succeed to all the title, power and duties conferred upon <br />Trustcc hcrcin and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br />which is the Property Address. <br />22. Riders tu this Security Instrument. If one or morc riders are cxecutcd by f3orrowcr and recorded together with <br />this 5ecurity Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplemeni the <br />covenants and agreements of this Security Tnstrument as if the rider(s) were a part of this Security lnstrumcnt. <br />FHA Nebraska Deed Of Trust - 07/08 <br />� 39L(i Page 6 nf 7 <br />