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20110393� <br />and receive aIl of the rents af the Property; and (c} each tenant of the Property shall pay all renis due and unpaid to Lender or <br />Lender's agent an. Lender's written demand to the tenant <br />Barrower has nat executed auy prior assignment of the rents and has not and will not perform any act �at would preveut <br />Lender from exercising its rights under t3�is pa.ragraph 17. <br />Lender s�aall not be requixed to enter upon, t�ke control of or maintain the Property before or after giving notice of breach <br />to Borrawer. However, Lender oz a judicialty apgointed receiver may do so at an.y time there is a breach. Any appIication of <br />ren�s shalI not cure or waive a�ny default or invalidate any other right er remedy af Lender. This assignment of rents of the <br />Properly shall tenminate when �e debt secured by the Security Instrument is paid in fu11. <br />18. Ror�iosnre Procedure. If Lender requires immediate pa�oaez�t iun �11 wader pazagraph 9, Lender znay iuvoke the <br />power of sale and aay other remedies permitted by applicable law. Lender shall be enti�led to collect all e�cpenses incurred <br />in pursuing the remedies provided in this paragraph 18, includ.mg, but not limited to, reasonable attorneys' fees and costs of <br />title evidemce. <br />If the gower of sale is invoked, Tn�stee shall record a not�ce of defauIt in eacla county in wb.i.ch any part of tlne �roperty <br />is located aa�d shall mail copies of such notice in the manner prescnbed by applicable law ta Borrower and to the other persons <br />prescribed by applica.ble ]aw. ABer tlae time zequSzed by applicable law, Trustee, shall give public nofice of sale to t]ie persons <br />and 'm the manner prescnbed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction <br />to #he highes� bidder at the time and place and under the ternns desiguated i�o the notica af sale in one or zaore parcels and in any <br />order Trustee determines. Trustee may postpone saie of a11 oz� any parcel of #b.e k'roperiy by public annouuacamant at the tim�e aud <br />pIace of any previously scheduled sa1e. Lender or its designee may purchase the Properiy at any sa1e. <br />Upon receipt of payrnent of the price bic3, Trustee sliall deliver to the purchaser Trastee's deed conveying the Property. The <br />recitals in the T�rustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the <br />pzoceeds 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 Tnistee's fees actually incuzrad and reasonable attomeys' fees as permitted by applicabla law; (b) to all sums <br />secured by this Security Instntment; and {c) any excess to the persan or persons legally e�ntztled to it <br />Tf the Lender's interest in this Security Instru�aaent is held by #he Seczetary and the Secretary requi�res imunediate paynaent <br />in full under paraglaph 9, the Secretary may mvoke the nonjudicial pawer of sale provided. in the Single Family Mortgage <br />Foreclosuze Act of 1.994 {"Acf'} (12 U.S.C: 3751 et seq.} by requesting a foreclosure cominissi�ner designated under �e Act <br />to commence forec3osure and to sell the Property as provided in the Act Nothing in the prececl�g sentence shall deprive the <br />Secretary of auy rights otherwise avaalable to a Lender under tk�is paragraph 18 or applicable Iaw. <br />19. Reeonveyance. Upon payment of alI sums secured by this Security Insmim.ent, Lender shall request Trustee <br />to reconvey the Property and shaU surrender tb�is Secuziity Imsitu�ment and alI notes evidenciz�a debt secured by this Security <br />Inshvment to Trustee. 'I'rustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such <br />person or persons shali pay any recordation costs. T.ender may charge such person or persons a fee for reconveying the Property, <br />but onIy if the fee is paid to a third parly (snch as t�e Trustee) for services rendered and t�e chaaging of the fee is permittod <br />under appiicable law. <br />20. Substitute Trastee. Lender, at its option, may from time ta time remove Trusfiee and agpomt a successor trustee to <br />any Trustee appointed he�reunder by a�. i�strument recoarded �in. the county in wkzich tbis Secur�ty Insmiment is recorded. Without <br />conveyance of the Property, the successor hvstee s]�all svcceed ta all the title, power and duties confeaed upon: Trustee herein <br />and by xppHcable ia.w. <br />2]. Regnest for Notices. $rnxower requests that cflpies of the notice of defanit and sale be sEnt to Borrower's address <br />which is the Properly address. <br />Z2. Riders to this Secnrity Instrumen� If one or more riders are executed by Bozzower aud recorded together with Yhis <br />Security 7nshvment, the covenants of each such rider shall be incorporated into and shaIl amend and supplement the covenants <br />and agreements of tliis Security Tnstavment as if the rider(s} were a part of this Security �nsbrut�zent. [Check applicable box{es)]. <br />❑ Condominium Rider ❑ Crraduated Payment Rider ❑ Growing Equity Rider <br />❑ Plauned Unit DevelopAaent Rider D Adjusrable Rate Rader ❑ Rehabilita�ion Loan Rider <br />❑ Non-Owner Occupancy Rider ❑ Other [Specify] <br />x�;sxns�n � nE�n o� �xusr <br />NEBRASKA-MER8 <br />fTEM 2698L6 {101509) <br />BAYNE,CdDU0431353 <br />� <br />6leatUOa• <br />(Pege 6 af 8) <br />000043'i363 <br />'�•a'sn:rhT'' . . ..... . ... .. ..+ ro .. �. �.. . ._.�n.. . . B�CL•HkII '�::53�"' . .sa''�.°fu�� ....'—twx�L4dF77-" <br />