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20��07�74 NON-UNIFORM �OVENANTS. Borrower and Lender further covenant and agree as follows: ' 17. Assignment of Rents. Bortower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrowelr 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 of any covenant or agreement in the 5ecurity Instrument, Bonower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Bonower. This assignment of rents consritutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Bonower: (a) all rents received by Bonower shall be held by Bonower as trustee for benefit of Lendier 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 unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not exequted any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exer ising its rights under this pazagraph 17. Lender shall not be re�uired to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. Hpwever, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive 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 apd any other remedies permitted by applicable law. Lender shall be entitled to collect all egpenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fee� and costs of title evidence. If the power of sale islinvoked, Trustee shall record a notice of default in each county in which any part of the Property is located a�d shall mail copies of such notice in the manner prescribed by appHcable law to Borrower and to the othejr persons prescribed by applicable law. After the time required by applicable law, Trustee, shall give public motice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrc�wer, shall sell the Property at public auction to the highest bidder at the time and place and under the term� designated in the notice of sale in one or more parcels and ia any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed convey�ng the Property. The recitalS in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee sh�ll apply the proceeds of the sale in the following order: (a) to all costs and ezpenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees �s permitted by applicable law; (b) to all sums secured by this Security Instrument; and (c) any egcess to the person or persons legally entitled to i� 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 ("Act'� (12 U.S.C. 3751 et se .) by requesting a foreclosure commissioner c�esignated under the Act to commence foreclosure and to seli the Property as provided in the Ac�t. Nothing in the''preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this parag�aph 18 or applicable law. 19. Reconveyance. U�lon payment of all sums securedby this Security Instrument, Lender shall request Trustee to reconvey the Property anj3 shall surrender this Secuzity Instrument and all notes evidencing debt secured by this 5ecurity Instrument to Trust�e. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. 5uch person ok persons shall pay any recordation costs. Lender may chazge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under applicable law. 20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appoinxed 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 here�n and by applicable law. 21. Request for Notice$. Borrower requests that copies of the notice of default and sale be sent to Borrower's address which is the Property address. 22. Riders to this Secu�ty Instrumen� If one or more riders are executed by Bonower and recorded together with this Security Instrume�t, 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)] [] Condominium Rider � Planned Unit Develdpment Rider (� Non-Owner Occapaacy Rider � Graduated Payment Rider � Adjustable Rate Rider � Other [Specify] [] Growing Equity Rider � Rehabilitation Loan Rider FHA NEBRASKA DEED OF TRU5T - MERS Dat�Nla,glc � NEDOTZ.FHA 05/23/11 Page 5 of 7 www,docmagic.com IIIlillllllllllllllllllllllllllllllllllllllllllll IIIIII