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LOAN ID # 0478056542 <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 notified by <br />any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />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 toxic <br />petroleum products, tonic 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 - 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 and <br />hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to <br />Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, <br />Borrower 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 />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) Lender <br />shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall <br />pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act that <br />would prevent Lender front exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving <br />notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is <br />a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of <br />Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security <br />Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full trader paragraph 9, Lender <br />may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies under this paragraph 18, including, but <br />not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by applicable <br />law to Borrower and to the other persons prescribed by applicable law. After the time required by <br />applicable law, Trustee shall give public notice of sale to the persons and is the manner prescribed by <br />applicable law. Trustee, without demand on Burrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one of more <br />parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the Property at any sale. <br />lithe Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires <br />immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale <br />provided in the Single Family Mortgage Foreclosure Act of 1994 ( "Act ") (12 U.S.C. 3751 et seq.) by <br />requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the <br />Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any <br />rights otherwise available to a Lender under this paragraph 18 or applicable law. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed <br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the <br />statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all <br />costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees <br />actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured <br />by this Deed of Trust; and (c) ally excess to the person or persons legally entitled to it. <br />19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request <br />Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt <br />secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and <br />without charge to the person or persons legally entitled to ft. Such person or persons shall pay any recordation <br />costs. <br />20. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a <br />successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this <br />Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all <br />the title, power and duties conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to <br />Borrower's address which is the Property Address. <br />22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded <br />together with this Security Instrument, the covenants of each such rider shall be incorporated into a , . shall <br />Initial // <br />Yn A Nebreeka Deed of Trim with MERS • 4196 <br />NEPMMS • 07022013 Page S of 6 <br />201401733 <br />Amended 04/06 <br />www.ProCtoae.cam <br />