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20�102U89 CASE #: NE3212965113703 DOC ID #: 00023319133103011 If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("AcY') (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Ac� Notlring in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order; (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed 5. 0 0 0 % of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 19. Reconveyance. Upon payment of all sums secured by this Securiry Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Securiry Instrument to Trustee. Trustee sha11 reconvey the Property wittzout warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 20. Substitute Trustee. Lender, at its option, may from time to qme remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Properry, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which is the Property Address. 22. Riders to this Security Instrumen� If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreement�s of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ❑ Condominium Rider ❑ Growing Equiry Rider ❑ Planned Unit Development Rider ❑ Graduated Payment Rider ❑ Other [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. � �' �'Y`'L (Seal) r` MARY EIMERS - Borrower .. � // L. (Seal) - Borrower (Se11) - Borrower (Seal) - Borrower MERS FHA Deed of Trust-NE 1004M-NE (09/10) Page 8 of 9