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20 �205453 9 6. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Bonower 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 Properiy of small 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 investigation, claim, demand, lawsuit or other action by any govemmental or regulatory agency or private pariy involving the Property and any Hazardous Substance or Environmental Law of which Bonower has actual l�owledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances aff�ting the Property is necessary, Bonower shall promptly take all necessary remeflial actions , in accordance with Environmental Law. As used in this pazagraph 16, "Hazardous Substances" aze those substances definerl 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 usefl 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 protection. Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows: '� 7. 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 coll�t the rents and revenues and hereby directs each tenant of the Properry to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trust� for the benefit of Lender and Bonower. This assignment of rents constitutes an absolute assignment and not an assignment for additional s�urity only. If Lender gives notice of breach to Borrower: (a) all rents re,ceived by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums s�ured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the ; Property shall pay all rents due and unpaid to Lender or I.ender's agent on Lender's written demand to the ! tenant. Borrower 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 Properly before or after giving norice of breach to Bonower. However, Lender or a judicially appointed r�eiver may do so at azry time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remefly of Lender. This assignment of rents of the Property shall terminate when the debt se�ured by the Securiry Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment ia full under paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be enHtled to collect all expenses incurred in pursuing the rem�ies under this paragraph 18, including, but not limited to, reasonable attorneys' fces and costs of title evidence. FHA Deed af Trust-NE VMP p Wolters Kluwer Financial Services 4/98 VAAP4R(NE) (1109) Page 7 of 10 +�