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99100566
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99100566
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Last modified
3/13/2012 12:17:31 PM
Creation date
10/20/2005 10:05:44 PM
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DEEDS
Inst Number
99100566
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� <br /> ?; <br /> ;. <br /> k <br /> � ' <br /> ��'�D�1�D� <br /> 13. Notices. Any notice to Bormwer pmvided for in this Securiry Tnsuument sha11 be given by delivering it or ' <br /> by mailing it by fizs[class mail unless applicable law.requires use of another method. The notice sha➢1 bc directed to ' ' <br /> the Property Address or ar.y other addres:, Borrower dcsignatcs by notice to L.ender. Any notice to I.ender shall be <br /> � given by first class mail to I.ender's address seated herein or any address Ixnder designates by notice to Borrower. � <br /> Any notic�provided far in this Securiry InStntment shaIl be deemed to have been givtn to Borrowtr or L.ender when <br /> given as provided in this para,graph. , : <br /> 14. Governing Law; Severability. This Securiry Itistrument shall tfe �ovemed by Federal law and thc law of <br /> the jurisdiction±n which the Property is located. In the event that any provision or clause of this Security Instrument <br /> �r the Note conflicu with applicable law, such contRict 3ha11 not zffect other provisiors of this Securiry Instrument or ' <br /> thc Nore which can be given effect without the conflicting provision. To this end the provisions of this Securiry ' <br /> Inserument and the Note ue declared to tr_severaL�le. <br /> I5. Barrower's CoRy. Bc�:rower shatl be given oae conformed copy nf tt:e Notc and of this Security ' <br /> dnstrument. <br /> 16. �iazardous Substan�.�es. Borrowzr shall nct cause or permit the presence, use,disposal, storage,or reltase ' <br /> of any Hazardous Substances on ar in the P�roperty. Rorrower shall not do, n�r ailov�� anyont eise to do, �nything ' <br /> af;ecting �he Propen}�that is in violation of any Envimnmental Law. The precaiing two sentences shall not apply to <br /> the presence, u..�e, or storage nn the Property of smal! quantities of �azazdous Substances that are generally <br /> rxngniud te be 3ppzogriate to normal residenti�l uses and to maintenancx of the Pmperty. <br /> Horrower shall promptly give Lender written n�pcc of any investigation, claim, demand, lawsuit or oehor action <br /> by any governmental or regulatory agency or private party involving tha Propetty and any Hazardous Substance or <br /> �nvironmental Law of which Borrower has actual knowledga. If Borrower learns, or is notified by any governmental <br /> or regulatory authori,y�, that any removal or other remediation of any Hazardous Svbstances affecting the Prop�ny is <br /> r.e;essary, Borrower shail promptiy take a!I necessar,y remed:a!actions in accordance with Enviranmental Law, ' <br /> As used in chis paragraph 16, "Hazardous Substances" are thosc substances defined as toxic or :�azardous ' <br /> substanczs by Em�ironmental Law and tfie fol.lowi�g subs*.anr.�; g�aline, kerosene, other flammable or tozic ' <br /> petroieum products, rozic pesticides and berbi�ides, >>olatile solver�.cs, materials containing asbestas or formaldehyde, <br /> and radioactive mater:al�. As used in this paragraph 16, "Enairo.�unenta! Law" means federal laws and laws of the <br /> jurisdiction where the Propercy is located tha;relace co hcal•.h, safety c�r environmental pr�tection. <br /> NON-UNIFORM COVENANTS. Bonower 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. Borrower authorizes Lender or Lender's agents to coilect the rents and revenues and hertby directs ' <br /> each tenant of tha Propert}� to pay the rents to Lender or Lender's agents. However, priar to Lender's notice to ' <br /> Borrower of Borrower's breach of any covenant or agreement in ¢he Security Instrument, Borrower sh�all collect and ' <br /> r�ceive all rents and revent�es of the Propem� as trustee for the benefit of Lender and Botrower. 'fhis as ignment of . - <br /> rents co:istitutes an absolu;e assignment and not an assignment for additional security only. � <br /> If L.eader gives notice of breacb to Borrower: (a) atl rents received Uy Borrower shall be held by Borrower as ' <br /> truscee fo;benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Ixnder shall be ' <br /> entieled to collect and receive al1 of the rents of the Properry; and (c) each tenant of the Property shall pay a11 rents <br /> �ue and unpaid to Lender er Lender's agent on Lender's written demand to the tznant. <br /> Borrower has not executed any priar assigtunent of the rentc and has not and will not perfa;m any act that would <br /> prevent Lender from exercising its rights under this paragraph 17. <br /> L.ender shail not be requi*ed te enter upon, take control of or maintain the Property before or after giving notice <br /> of breach to Borrower. However, Lender or a judicially appointe.d receiver may do so at any time there is a breach. <br /> An�• application of rents shall not curc or waive any dcfault or invalidate any other right or remedy of Letufer, 'I'his <br /> assignment of rents�f the Property shall teiminate when the debt secured by the Security Instrvment is paid in full. <br /> �'�j-4R(NE)iseo4r.o3 ; <br /> 0 P+pe G of 8 <br />
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