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201202924
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Last modified
4/16/2012 9:05:55 AM
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4/16/2012 9:05:55 AM
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DEEDS
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201202924
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20120292� <br />16. Hazerdous Substences. Borrower shall not cause or permit the presence, use, disposal, storage, or release <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 Hazazdous Substances <br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall prompfly give Lender written notice 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 has actual l�owledge. If Borrower learns, or is notified <br />by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substances affecting the Property 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" aze those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or <br />toxic petroleum products, 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 jurisdicdon where the Property is located that relate to health, safety or environmental <br />protection. <br />Non-Uniform Covenents. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby <br />directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Barrower of Borrower's brea.ch of any covenant or agreement in the Securiiy Instrument, Borrower <br />shall collect and receive a11 rents and revemies 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 />secuLity 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 entitled 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 u�aid 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 Property before or after giving <br />notice of brea.ch 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 invalida.te 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 requir� immediate payment in fall under paragraph 9, Lender <br />may invoke the gower of sale and any other remedies germitted by applicable law. Lender shall be <br />entitled to collect all espenses incnrred in pnrsuing the remedies under this paragraph 18, including, <br />but not limited to, ressonable attorneys' fees and costs of title evidence. <br />FHA Daed of Truat-NE <br />VMP � <br />Wolters Kluwer Flr�r�cial Sarvicw <br />4/88 <br />VMP4RINE) (17061.00 <br />Paga 7 of 10 <br />
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