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HCFG -00703 <br />FHA Deed of Trust -NE <br />VMP® <br />Wolters Kluwer Financial Services <br />201401094.1.0.2547 -J 20130729Y <br />201400181 <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and <br />the law of the jurisdiction in which the Property is located. In the event that any provision or clause of <br />this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, <br />or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone <br />else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding <br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />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 Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is <br />notified by any governmental or regulatory authority, that any removal or other remediation of any <br />Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions 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 petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos <br />or formaldehyde, and radioactive materials. As used in this Paragraph 16, "Environmental Law" means <br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />environmental 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 <br />revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues <br />and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, <br />prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security <br />Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the <br />benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an <br />assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower <br />as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) <br />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 <br />the tenant. <br />i <br />i <br />9 <br />i <br />i <br />i <br />Revised 4/96 <br />04/13 <br />Page 7 of 10 <br />S <br />