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201205537
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Last modified
9/10/2012 2:42:03 PM
Creation date
7/9/2012 8:46:51 AM
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DEEDS
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201205537
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20120553� <br />16. Hazardous SubstanCes. Borrower shall not causa or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substxnces on or in the Property. Bonower shall not do, nor allow anyone else to do, <br />anything affecting the Property that is in violation of any Environxnental Law. The preceding two sentences <br />shall not apply to the presence, use, or storage on the Properry of small quantities of Hazardous Substances <br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <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 Environmenta] Law of which Borrower has actual knowledge. If $orrower learns, or is notified <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 this 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 patroleum products, toxic pesticides and herbicides, volatzle solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used 'ut this .paragraph 16, "Bnvironmental 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-Uniform Covenants. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Bonower authorizes Lender or Lender's agents to coliect the rents and revenues and hereby <br />directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's <br />notice to Borrower of $orrower's breach of any covenant or agreement in the Securiry Instrument, Borrower <br />shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and <br />Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional <br />securiry only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Barrower shall be held bq Borrower <br />as trustee for benefit of Lender ozily, 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 u�aid to Lender or Lender's agent on Lender's written demand to the <br />tenant. <br />Bonower has not executed any prior assignment af 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 Properiy 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 cwe or waive any default or invalidate any other right or <br />remedy of Lender. T`his assignment of rents of the Property shall terminate when the debt secured by the <br />Securiry Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender reqnires immediate payment in full under paragraph 9, Lender <br />may invoke the power of sa]e a.nd any other remedies permitted by applica.ble law. Lender shail be <br />entitied to collect all eaepenses ineurred in pursuing the remedies nnder this paragraph 18, including, <br />but not limited to, reasonable attorneys' fees and costs of title evidence. <br />FHA Dead of Truat-NE 4188 <br />VMP � VMP4R(NE) (11061.00 <br />Woltera Kluwar Ffnencial Sarvicea PaOe 7 of 10 <br />
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