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201204840 16. Hazardous Substences. Borrower shall not cause or permit the presence, use, disgosal, storage, or release of any Hazatdous Substances on or in the Properly. Bonower shall not do, nor allow anyone else to do, anything affecting the Properiy that is in violation of any Environmental Law. The pre,ceding two sentenc�es shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally rec:ognized to be appropriate to normal residential uses and to maintenance of the Property. Bonower shall promptly give I.ender written notice of any investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of wluch Bonower has actual knowledge. If Bonower learns, or is notified by any governmental or regulatory authority, that any removal or other remediarion of any Hazardous Substances affecting the Property is nersssary, Bonower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substanc.es 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 federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental pmtection. Non-Uniform Covenants. Bonower and Lender further covenant and agree as follows: 17. Assignment of Rents. Bonower unconditionally assigns and transfers to Lender all the rents and revenues of the Properry. Bonower authorizes Lender or Lender's agents to collect the rents and revenues and hereby direets each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to i.ender's norice to Borrower of Bonower's breach of any covenant or agreement in the 5ecurity Instrument, Bonower shall collect and r�;eive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives norice of breach to Borrower: (a) all rents received by Borrower shall be held by Bonower as trustee for benefit of Lender only, to be appliai to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and r�eive all of the rents of the Property; and (c) each tenaut 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 paragraph 17. Lender shall not be requirefl to enter upon, take control of or maintain the Property before or after gi`ring notice of breach to Borrower. However, Lender or a judicially appointeii 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 se�ured 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 remaiies permitted by applicable law. Lender shall :be entitled to collect all ezpenses incurred in pursuing the remedies under this paragraph 18, includ�ng, but not limited to, reasonable attorneys' fces and costs of Htle evidence. FHA Deed of Truat-NE VMP � Wolters Kluwer Flnandal Services 4/98 VMP4R(NE) (1109) Pege 7 of 10 r, ,' . N � ;' �-:, ; � � � s , a'' .