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20120340� 16. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bonower sha11 not do, nor a11ow 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 sma11 quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Bonower shall promptly give Lender written notice of any investigarion, 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 notified 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 a11 necessary remedial actions in accordance with Environmental Law. As used in this pazagraph 16, "Hazardous Substances" aze those substances defined as toxic or hazazdous substances by Environmental Law and the following substances: gasoline, kerosene, other flaznmable or toxic petroleum products, toacic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragaph 16, 'Bnvironmental Law" means federal laws and laws of the jurisdicrion where the Property is located that relate to health, safety or environmental protection. Non-Un'iform Covenants. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. 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 Lender' s notice to Bonower of Bonower's breach of any covenant or agreement in the Security Instrument, Bonower shall collect and re,ceive all rents and revenues of the Property as trustee for the benefit of Lender and Bonower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as inistee 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 a11 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. Bonower has not executed 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 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 sha11 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 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' fees and costs of title evidence. 0451204019 FHA Deed of Trust-NE 4/96 VMP � VMP4F2(N�(7108) Wolters Kluwer Flnancfal Services Page 7 of 10