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200005054
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Last modified
10/13/2011 2:53:54 PM
Creation date
10/20/2005 8:45:22 PM
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DEEDS
Inst Number
200005054
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200005054 <br />11. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br />release of any hazardous substances on or in the Property. 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 shall <br />not apply to the presence, use, or storage on the Property of small quantities of hazardous substances that are <br />generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower <br />shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />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. As used in this paragraph, 'hazardous substances" are those substances defined as toxic <br />or hazardous substances by environmental law and the following substances: gasoline, kerosene, other flammable <br />or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials. As used in this paragraph, 'environmental law" means local, state or <br />federal laws that relate to health, safety or environmental protection. <br />12. 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 />Borrower has not executed any prior assignment of the rents and has not and will not perform any act <br />that would prevent Lender from exercising its rights under this paragraph. <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 a <br />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 />13. Successors and Assigns Bound; Joint and Several Liability; Co- Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and <br />convey that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower <br />may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security <br />Instrument or the Note without that Borrower's consent. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice <br />shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any <br />notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender <br />designates by notice to Borrower. Any notice provided for in this Security instrument shall be deemed to have <br />been given to Borrower or Lender when given as provided in this paragraph. <br />15. Acceptance by Trustee. Trustee shall accept his responsibilities this Deed of Trust when this <br />Security Instrument, duly executed and acknowledged, is made a public record as provided by law. <br />Page 5 of 6 <br />
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