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201205467 <br />16. HazardousSubstances.Boaower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Ptoperty. 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 Hazatdous 5ubstances <br />' that are generally recognized to be appropriate to normal residential uses and to maintenance of the Ptoperty. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Bonower has actual lmowledge. If Borrower learns, or is notiSed <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 tlus paragraph 16, "Hazardous Substances" are 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 jurisdiction where the Property is located that relate to health, safety or environmental <br />protection. <br />Non-UniforrrlCovenants.Borrower and Lender further covenant and agree as follows: <br />17. Assignmentof Rents. Bonower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Propetty. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby <br />directs e,ach tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Borrower of Borrower's breach of any covenant or agteement in the Security Inshvment, Bortowet <br />shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Bortower. This assignment of rents constitutes an absolute assignment and not an assignment for additional <br />' security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower <br />as hvstee 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 unpaid to Lender or Lender's agent on Lender's written demand to the <br />tenant. <br />Bonower 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 Properly before or after giving <br />notice of breach to Bonower. 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 invalidate any other right or <br />remedy of Lender. This assignment of rents of the Property shall tetminate when the debt secured by the <br />Security Instrument is paid in full. <br />18. Foreclosur�rocedure.If Lender requires immediate payment in full under paragraph 9, Lender <br />may invoke the power o! sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all ezpenses incurred in pursuing the remedies under this paragraph 18, inclnding, <br />but not limited to, reasonable attorneys' fees and costs of title evidence. <br />FHA Deed of Trust-NE <br />VMP � <br />Woltais Kluwer Flnancial Services <br />ass <br />VMP4R(NE) (110b).00 <br />Page 7 of 10 <br />�� <br />�� <br />