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<br /> <br /> <br /> 201100675 <br /> <br /> <br /> <br /> and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or <br /> Lender'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 prevent <br /> Lender from exercising its rights under this paragraph 17. <br /> Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach <br /> to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of <br /> rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the <br /> 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 invoke the <br /> power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred <br /> in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of <br /> title evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property <br /> is 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 Trustee shall give public notice of sale to the persons <br /> and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br /> to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br /> order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and <br /> 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. The <br /> recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br /> proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including <br /> the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by applicable law; (b) to all sums <br /> secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. <br /> If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment <br /> in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br /> Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act <br /> to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the <br /> Secretary of any rights otherwise available to 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 Trustee <br /> to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br /> Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such <br /> person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, <br /> but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted <br /> under applicable law. <br /> 20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without <br /> conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br /> 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 address <br /> which is the Property address. <br /> 22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this <br /> Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants <br /> and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. <br /> ❑ Condominium Rider ❑ Graduated Payment Rider ❑ Growing Equity Rider <br /> ❑ Planned Unit Development Rider ❑ Adjustable Rate Rider ❑ Rehabilitation Loan Rider <br /> ❑ Non-Owner Occupancy Rider ❑ Other [Specify] <br /> NEBRASKA FHA DEED OF TRUST 6(96 <br /> NEBRASKA-MERS GmatDocs® <br /> ITEM 26961-6 (101509) (Page 6 of 8) <br /> ABUWISHA,10000424274 0000424274 <br />