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201202018
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Last modified
3/19/2012 3:47:44 PM
Creation date
3/19/2012 8:51:34 AM
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DEEDS
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201202018
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2012020�� <br />16. H�zerdous Substences. Borrower shall not cause or permit the presence, use, disposal, storage, or relea.se <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences <br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br />tha.t are generally recognized to be appropria.te to normal residential uses and to maintenance of the Property. <br />Borrower shall prompfly give Lender written nodce of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private parly involving. the Property and any Hazardous <br />Substance or Environmental Law of which Borrower ha.s actual l�owledge. If Borrower learns, or is notified <br />by any governmental or regulatory authority, that any removal or other remediation of aay Hazardous <br />Substances affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions <br />in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxic petroleum pmducts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Progerty is loca.ted that relate to health, safety or environmental <br />protection. <br />Non-Uniform Covenants. Borrower and Lender fiuther covena.nt and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Properiy. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby <br />directs each tenant of the Properly to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower <br />shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional <br />security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower <br />as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; <br />(b) Lender shall be entided to collect and receive all of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the <br />tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that <br />would 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 Progerty before or after giving <br />notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time <br />there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or <br />remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the <br />Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender reqnires immediate payment in full nnder paragraph 9, Lender <br />may invoke the power of sale and any other remedi� permitted by applicable law. Lender shall be <br />entitled to collect all expenses incnrred in pursuing the remedies under this paragraph 18, including, <br />bnt not limited to, reasonable attorneys' fe� and costs of title evidence. <br />FHA Dead of Truat-NE 4 �B <br />yMp � VMP4RINE) 11106).00 <br />Wolters Kluwar Flr�nclal Sarvices PaBe 7 of 10 <br />
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