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� 201�03�8� V3 WBCD LpAN � 503184726 regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Lawr. As used in this paragraph 16; "Hazardous Substances" are those substances defined as towc or hazardous substances by Environmental Lawr and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Properiy. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach af any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as #rustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: {a) all rents received by Borrower shall be held by Borrower as trustee for benefit af Lender only, to be applied to the sums secured by the Security Instrument; (b} Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents, due and unpaicl to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before ar after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure orwraive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure, If Lender requires immediate payment In full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies under thls paragraph 18, including, but not limlted to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is lacated and shall mail copies of such natice in the m�nner prescrlbed by appllcable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by appllcable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice af sale in one or more parcels and in any order Trustee determines. Trustee may postpane sale of all or any parcel of the Properly by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Praperty at any sale. 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 nanjudlcial power of sale provided in the Single Family Mortgage ForeclosureAct of 1994 ("Act'� (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and ta sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary af any rights atherwise 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 casts and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed of the princlpal 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 thls 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 Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without 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, mayfrom time to time 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 Property, 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 Instrument. 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 agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es}] 0 Condominium Rider 0 Growing Equity Rider � Planned Unit Development Rider � Graduated Payment Rider � Other(s) [specify] FHA Nebraska Deed of Trust- 4/96 Initials a�(�, Online Documents, Inc. P�ge 5 Of 6 NEEFHADE 0802 Q5-16-2p11 10a38