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�`�e �OR��� <br />2p120439� �p120420i <br />reu�statement will greclude foreclasure on different grounds in the future, or (in) reinstatement will adversely <br />affect the priority of the lien created by this Security Instrumen� <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Fxtension of the time of <br />payment or modification of amortizarion of the sums securedby this Securit� Instrument granted by Lender <br />W any successor in interest of Borrower sha11 nat aperate to release the liability of the on��a1 Borrower or <br />Borrower's successor in interest. Lender shall no be required to commence �ro�dmgs agams� anY <br />successor in i�erest or refuse to ea�nd time for payment or otherwise moclify amoitization of the sums <br />secured by d►is Security Instrument by reason of any demand made by the original Borrower or Barrower's <br />successors in interest Any forbearance by Lender in exercising any right ar remedy shall not be a waiver of <br />or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Boand; Joint and S�vveral Liability; Co-signers. The covenants and <br />agreement� of this Security Instavment shall bind and beaefit the suxessors and assigns of Lender end <br />Borrower, subject w the provisions of P gh 9{b). Borrower's covenants and agreements shaU be joint <br />and several. Any Bortower who co-sigas th�Security Instrument but does not execute the Note: (a) is co- <br />signing this Security Instrument only to mort$age, gtant and convey that Boaower's interest in t6e Pro� <br />under the terms of this Security Iastrumen� (b) is not pe�sonally abligated to pay the sums secured by th�s <br />S�urity Instrument; and (c) agees that Lender end any other Borrower may agree to extencl, m�ify, forbear <br />or make any accommodations with regard to the taim of this Security Instrument or the Note v�nthout that <br />Borrower's consent. <br />13. Notices. Any norice to Borrower provided for in this Security Insuument shall be given by <br />delivering it orby nailing it by fnst class mail unless applicable law requu�es use of another meffiod. The <br />notice shall be directed to the Proper Address or any other addre.ss Boaower designates by notice to <br />Lender. Any notice to Lender shall be given by first cless mail to Lender's address stated herem ar azty <br />address Lender designates by notice to Borrower. Any aotice provided for in this Security Instrument shall be <br />deemed to have been g'rven to Borrower or Lender when �iven as provided 'm this paragraph. <br />14. Governin� Law; Severability. This Secimty Instrument shall be govemed by Federal law and <br />the law of the jurisdictxon in which the Property is located. In the event that any provision ar clause of this <br />Security Instrume� or the Note conflicts with applicable law, such conflict shall not affect other provisions <br />of this Security Instivment or the Note which can be given effect without the conflictuig provision. To this <br />end the provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Boaower shall be given one cronformed copy of �e Note and of this <br />Security Inslrument. <br />16. Aa�ardons Substances. Borrower shall not cause or permit the presence, use, disposal, storage, <br />or release of any Ha7ardous Substances on or in the Property. Borrower sha11 not do, n�r allow anyone else to <br />do, anything affecting the Property that is in violation of any Environmental Law. The preceding two <br />sentences shall not apply to the presence, use, or sforage on the Property of small quantities of Ha�rdous <br />Substances that are generally recogniz�d to be apprognate to normal residential uses and to maintenance of <br />the Property. <br />Borrower shaU promptlyg�ve Landar written notice of any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private pariy mvolvu►g the Property and any <br />Hazardous Substance or Environmental Law of wWch Borrower has actual laiowledge. If Boaower learns, or <br />is notified by any govemmental ar reg�latory authority, that any removal or other reme,�ion of any <br />Hazardous Substances affecti�►g the Property is necessary, Boaower shall promptly take aU necessary <br />remedial actions in accordance with Environmental I.aw. <br />As used 'm this paragraph 16, "Hazardous Substances" are those substances defined as toxic or <br />hazardous substances by Eaivironmental Law and the following substanc�s: gasoline, kemsene, other <br />flacnmable or toxic peiroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactiva materials. As used in the paragixph 16, "Environmental <br />Law" means federal laws and laws of the jurisdiction where the Property is located that relate W health, <br />safety or environmental protection. <br />NON-iJNIFORM COVEATANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigas and transfers to Lender all the rents <br />and revenues of the Properhy. Borrower authori�s Lender or Lenciea's agents to collect the re�s and revenues <br />and hereby directs each tenant of the Pro�riy ta pay the rents to Lender ar Lendet's agent4. However, prior <br />to Lender's notice to Borrower of Botrower's breach of any covenaut or agreement in the Sec�uity <br />Inslrument, Borrower shall collect and receive all ronts and revenues of the Property as trustee for the benefft <br />of Lender and Boaower. This a�sigament of re�rts constit�es an absolute assignment and not an assignment <br />for additional securit� only. <br />If Lender gives notice of breach to Borrower: (a) a11 rents recaived by Borrower shall be held by <br />Borrowar as trustee for benefit of Lender only, to be applied to the sums s�ured by the Security Instrument; <br />{b) Lender shall be enritled to collect and receive a11 of the rents of the Property; and (c) each tenant of the <br />Property shall pay all rents due and unpaid to I.ender 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 �rform a�+ <br />act that would prevent Lender from exerc�smg its rights uader this Para�raph 17. <br />Lender shall not be required to enter upon, take control of or mamtain ffie Property bafore or after <br />giving norice of breach W Borrower. However, Lender or a judicially appointed receiver may do so at any <br />time thera is a breach. Any a�plic�tion of rents shall not cure or warve any default or invalidate any other <br />right or remedy of Lender. This assignme� of rents of the Praperiy shall terminata when the debt secured by <br />the Security Instrument is paid in full. <br />1$. For�losure Proc�ure. If Lerider requires immediate payment in full ander Paragraph 9, <br />I.ender may invoke the power of �1e and any other rem�ies permitted by AppUcable Law. Lender <br />shall be entitled to collect all egpenses incnrred in pursuing the remedi� provide� in this Section 18, <br />inclading, bat not limited to, reasonable attorneys' fe� and costs of tiUe evidence. <br />If the power of sale is invoked, Trastee shaU record a notice oi defaalt in esc6 county in whicb <br />any part of the Property � located and shall mail copies of such notice in the manner prescribed by <br />Applicable Law to Borruwer and to the other persons prescrlbed by Appllcable Law. After the time <br />reqaired by Applicable Lew, Trustee shall give pablic notice oi sale to the persons and in the manner <br />prescribed by Ap Hcable Law. Trastee, w�lthout demand on Borrower, shall sell the Property at public <br />suction to the hi�i�t bidder at the time and place and under tha terms de.sign�ted in the notice of ssle <br />in one or more parcels and in any order Trastce determines. Trustee may postpone sale of all or any <br />parcel of the Property by public annonncement at the time and place of any prevlously scheduled sale. <br />Lender or its designce may pnrchase the Properiy at any sale. <br />16256.CV (9/11) 0115035 <br />FHA Nabrealw Deed of Tn�st MF.RS <br />Page 4 of S <br />GOTO(007c864� <br />U"C�- �" V <br />