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201106077
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Last modified
9/14/2011 12:34:25 PM
Creation date
8/17/2011 10:48:42 AM
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DEEDS
Inst Number
201106077
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�O�lOSO�� <br />NON COV�dANTS Bonower and Lender further covenant and agree as follows: <br />17. Assignment of Renta Borrower uncanditionally assigns and h�ansfers to Lender all the rents and revenues <br />of the Property. Bonower authorizes Lender or Lender's agents to collect the rents and revenues and hereby direcis <br />each tenant of the Properiy to pay the rents to Lender or Lender's agents. However, prior to Lender's nofice to <br />Bonower of Borrower' s breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assig�ment of <br />rents consflt�rtes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Boaower: (a) all rents received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, w be applied to the sums secured by the Sec�ity Instrument; (b) Lender shall be <br />en6tled to collect aad receive all of the rents of the Property; 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 eacecuted any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Properiy 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 />Any application of tents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assig�ment of rents of the Properiy shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosore Procednre. If Lender reqair� immediate payment in fiill ander paragraph 9, Lender may <br />invake the power of sale and any other remedtes permitted by applicable law. I.ender shall be entitled to coDect <br />aII eapeases incnrred in pnrsaing the remedies provided in this paragraph 18, inclnding, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power af sale is invoked, Trastee ehall record a no�ice oF defaalt in each county in which any part of <br />the Property is located and ahall mail copies of sach no13ce in the manner prescrlbed by applicable law to <br />Borrower and to the other peraons pre.scrIbed by applicable law. After the time reqnired by applicable Iaw, <br />Trostee, ahall give pnblic notice of sale to the persons and in the manner preacrlbed by applicable law. Trastee, <br />wlthont demand on Borrower, shall seIl the Property at publlc aactlon to the 6igbest bidder at the Ume and <br />place and nnder the terms d�ignated in t6e noflce of sale in one or more parcels and in any order Trastee <br />determine.v. Trostee may postpone sale of all or any parcel of the Property by pubHc announcement at the time <br />and place of any previonaly schednled sale. Lender or fts desig�uee may pnrchase the Property at any sale. <br />Upon receipt of payment of the prlce bid, Tru.9tee s}►all deliver to the purchaser Trastee's deed conveying <br />the Property. The recitals in t6e Trustee`s d�d shall be prlma facie evldence of the truth of the statements <br />made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all cosfs and ezpenses <br />of eaercising the power of sale, and the sale, including the payment of the Trastee's fees actuaIly incarred and <br />reasonable attorneys' fees as permitted by appHcable law; (b) to all sums aecared by this Secarlty Instrument; <br />and (c) any egcess to the person or persons legally entitled to it. <br />If t6e Lender's interest in this Secnrity Inshvment is held by the Secretary and the Secretary reqaires <br />immediate payment in faIl nnder paragraph 9, the Secretary may invoke the nonjudiciel power of sale provlded <br />in U►e Siugle Family Mortgage For�loeare Act of 1994 ("Act'� (12 U.S.C. 3751 et sea.) by reqnesHng a <br />foreclosnre wmmissioner desigoated nnder the Act to commence foreclosnre and to seD the Property as provlded <br />in the Acw Nothing in the preceding sentence shaIl deprive the Secretary of any rightg otherwise available to <br />a Lender nnder t6is paragrap618 or appllcable law. <br />19. Reconveyance. Upon payment of all sums securedby this Security Instrument, Lender shall request Trustee <br />to reconvey the Properiy and shall surrender this Security Instn�ern and all notes evidencing debt sec�ued by tivs <br />Security in�rm++��t to Trustee. Trustee shall reconvey the Properiy without warranty to the person or persons legally <br />entitled to it. Such petson or persons shall pay any recordarion costs. Lender may charge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the chazging of the fee is permitted imder applicable law. <br />20. Snbstltute 1Yustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />Irustee to any Trustee appointed hereunder by an inslrument recorded in the county in which this Security Insirament <br />is recorded. Without conveyance of the Property, the successor trustee shall succesd to all the title, power and duties <br />conferred upon Trustee herein and by applicable law. <br />21. Reqnest for No�lces. Bonower requests that copies of the notice of default and sale be sent to Borrower' s <br />address wluch is the Properiy address. <br />22. Riders to this Sa:arlty Instrament If one or more riders are executed by Borrower and recorded together <br />with this Security Instrument, the covenants of each such rider shall be incorparated into and shall amend and <br />supplement the covenants and agreements of this Security In.strument as if the rider(s) were a part of this Security <br />Instrument <br />[Check applicable box(es)l <br />� Condominium Rider � Graduated Payment Rider ❑ Growing Equity Rider <br />� Pla�ed Unit Development Rider � Adjustable Rate Rider � Rehabilitarion Loan Rider <br />� Non-Owner Occupancy Ridet � Other [Specify] <br />FHA NE8RA5KA D� OFTRUST - MERS �egle� <br />NEDOTZ.FHA 05/23/11 Page 5 of 7 www.doonaglc.wm <br />�I�I�IInI�II�IIpIIQI�01111p1111�1 al� <br />
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