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20120208� 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bonower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally rec:ognized to be appropriate to normal residential uses and to maintenance of the Properry. Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bonower has actual knowledge. If Borrower learns, or is norified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this pazagraph 16, "Hazardous Substances" aze those substances defined as toxic or hazardous substances by Environmental Law and the following 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 ferleral laws and laws of the jurisdiction where the Properiy is locatefl that relate to health, safety or environmental protection. Non-Uniform Covenants. Borrower and Lender further covenant and agr� as follows: 17. Assignment of Rents. Bonower unconditionally assigns and transfers to Lender all the rents and revenues of the Properiy. Bonower 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 L,ender's norice to Bonower of Bonower's breach of any covenant or agrcement in the Security Instrument, Bonower shall collect and receive all rents and revenues of the Property as misttee 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 Borrower shall be held by Bonower as trustee for benefit of 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 unpaid 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 thai would prevent Lender from exercising its rights under this pazagraph 17. Lender shall not be requir� to enter upon, take control of or maintain the Property before or after giving notice of breach to Bonower. However, 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 s�ured by the Se,curity 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 remeciies permitt� by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies under this paragraph 18, including, but not limited to, reasonable attorneys' fces and costs of Ntle evidence. FHA Deed of Trust-NE VMP � Wolters Kluwer Financial Services arss VMP4R(NE) (1109) Page 7 of 70 .� iiii , : �.Y -�i �'i r' ,_