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201103259
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Last modified
5/25/2011 8:55:38 AM
Creation date
4/28/2011 4:03:03 PM
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DEEDS
Inst Number
201103259
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�a1�o���� <br />receive all rents and revenues of the Property as hvstee for the benefit of Lendet and Bortower. This assigumeat of <br />rents eonstihrtes an absolute assigament and not an assignment for addiflonal security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Bonower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the smns secw�ed by the Security Insh�ument; (b) Lender shall be <br />entifled w coIlect and receive all of the rents of the Ptoperty; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant <br />Borrower has not e�cecuted any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender &om exercising iis rights under this garagraph 17. <br />Lendec shall not be required to enter upon, take control of or maintain the Propetty befare or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />tlny application of rents shatl not cure or waive any default or invalidate any other 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. Foreclosare Procedore. If Lender reqatres Immediate payment in faII ander paragraph 9, Lender may <br />invoke the power of sale aad any other remedies permitted by $pplicable law. Lender shall be entitled to coDect <br />all eapenses incarred in pnrsming the remedies provlded in this paragraPh 18, incinding, but not limited to, <br />reasonable attorneys' fees and costs of �ltle evidence. <br />If the power of sale i� invoke�l, 1'rasta shall r�ord a noHce of defaalt �in each connty in which any part of <br />the Property 9s located and sh�Il mail wpi� of sach noNce in the manner prescrlbed by appllcable law to <br />Borrower and to the other persona prescribed by applicable Iaw. After the �lme reqaired by appHcable law, <br />Trustee, s6all give publlc noflce of sale to the peraons sod in the manner pr�crlbed by applicable law. Trastee, <br />withotd demand on Borrower, shall aeIl the Property at pnbllc anction to the hfghat bidder at t6e tlme and <br />place and nnder the terms de�lgnatal in the notice of sale in one ar more parcels and in any order Trastee <br />determines. Trastee may gostpone sale of aII or aoy parcel of the Property by pabfle annoancement at the time <br />and place of any previonaly achednled sale. Lender or fts deaign� may pnrchase the Property at any sale. <br />Upon receipt of payme�ut of the price bid, Trustee shalt deliver to the purchaser 1'rustee's deEd convey3ng <br />the Property. The recitals in the 1'rastee's deed shaII be prlma facie evldence of the trath of the statements <br />made therein. Trustee ahall apply the praceeds of the sale ffi the following order: (a) to all costs and eapensea <br />of eserdsing the power of sale, and the sale, inclnding tf►e payme� of the 1'rustee's fees acdnally incnrred and <br />reasonabl6 a6Ni�fleys' feES as permitted by applicable law; (fr) to all sams secnred by thia Security Instrument; <br />and (c) any eaccvs to the person or persons legally entitled to it <br />ff t6e Lender's interest in this Secnrity Inshvment is held by the Secretary and the Secretary requires <br />Immediate paymettt in faII ander paragraph 9, the Secretary may invoke the nonjndicial power of sale provided <br />in the Single Family Mortgage Foreclosare Act of 1994 ("AcN� (12 U.S.C. 3751 et�ce .) by reqaest3ng a <br />forecloanre commia4ioner de�lgnated nnder t6e Act to commence foreclosnre and to seD the Property as provided <br />in the Ac� Notluing in the preceding sentence shaIl deprive the Secretary of any rlghts otharwise available to <br />a Lender nnder this paragraph 18 or applicable law. <br />19. Reconveyance. U�n payment of all sums securedby this Security Instrument, Lender shall request Trustee <br />to reconvey ffie Properly and sha11 sunender this Security tnstrument and all notes evidencing debt se�tted by this <br />Sec�mity Instrument to Truatee. Tn�stee shall reconvey the Property without wananty to the person or persons legally <br />entifled to it Such person or persons sha11 pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a flvrd pazty (such as the Trustee) for setvices rendered <br />and the charging of the fee is permitted under applicable law. <br />20. Snbstitate Trustee. Lender, at iis option, may from t'une to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an inshvment recorded in the county in which this Security Instrumecit <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by app&cable law. <br />21. Reque.vt for Noflc�s. Bonower requests that copies of the notice of default and sale be sent to Borrower' s <br />address which is the Property address. <br />22. Riders to this Securlty Inshvment If otte or more riders are eac�uted by Bonower and recorded wgether <br />with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and <br />supplement the covenants and agreements of this Security Instrument as if f7ie rider(s) were a part of this Securily <br />Instrument. <br />[Check applicable box(es)] <br />� Condominium Rider � Gtaduated Paymeat Rider ❑ Growin8 Equity Rider <br />� Pla�ted Unit Development Rider � Adjustable Rate Rider � Rehabilitation Loau Rider <br />❑ rton-own� o��y �aer ❑ och� [sr�r] <br />FHA N�RASKA D� OF TRUST - MERS ppCMsgl� � <br />NmOTZ.FHA 11/01/OS Page 5 of 7 wyyw,doaTragiccom <br />��dl�l I�I� �I II� II� I I� I�� I I II�II II� I� <br />
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