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20f20273� 16. Hazardous Substances. Borrower shall not cause or pemrit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower 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 Properly of small quantities of Hazardous Substances that are generally rec;ognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regvlatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual lmowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is ne,cessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As use�i in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, to�cic pesricides and herbicides, volatile solvents, materials containing asb�tos or foima.ldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means fefleral laws and laws of the jurisdiction where the Property is located 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 Property. Borrower 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 Bonower of Bonower's breach of any covenant or agr�ment in the Se�urity Instrument, Borrower shall collect and receive all rents and revenues of the Property as miste.e for the benefit of Lender and Borrower. 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 Lender only, to be applied to the sums s�urefl by the S�urity Instrument; (b) Lender shall be entitled to collect and rec;eive 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 ex�uted any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this pazagraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed r�eiver 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 securefl by the Security Instrument is paid in full. 78. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted 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 title evidence. FHA Deed of Trus[-NE 4/96 VMP � VMP4R(NE) (1109) Wolters Kluwer Financial Services Page 7 of 10