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200111413
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Last modified
10/14/2011 12:13:58 PM
Creation date
10/20/2005 11:03:46 PM
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DEEDS
Inst Number
200111413
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200111413 <br />13. Notices. Any notice to Borrowerprovidedfor in this Security instrumentshall be given by deliveri ngit or <br />by mailingit by first class mail unless applicablelaw requiresuse of anothermethod.The noticeshall be directedto <br />the Property Address or any other address Borrowerdesignatesby notice to Lender. Any notice to Lendershall be <br />given by first class mail to Lender's address stated herein or any address Lenderdesignatesby notice to Borrower. <br />Any notice providedfor in this Security lnstrumentshall be deemedto have beengiven to Borroweror Lenderwhen <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrumentshall be governedby Federal law and the law of <br />the jurisdictionin which the Propertyis located. In the eventthat any provision or clause of this Security Instrument <br />or the Note conflicts with applicablelaw, such conflict shall not affectotherprovisionsof this Securitylnstrumenlor <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />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. Borrowershall not cause or permitthepresence,use, disposal, storage,or release <br />of any HazardousSubstanceson or in the Property. Borrowershall not do, nor allow anyone else to do, anything <br />affectingthe Propertythatis in violationof any EnvironmentaLaw. The precedingtwo sentencesshall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrowershall promptlygive Lenderwrittennoticeof any investigation,claim, demand,lawsuit or otheraction <br />by any governmentabr regulatoryagencyor private party involving the Property and any HazardousSubstanceor <br />EnvironmentaLaw of which Borrowerhas actualknowledge. If Borrowerlearns,or is notifiedby any governmental <br />or regulatoryauthority,that any removalor other remediationDf any Hazardous Substancesaffectingthe Propertyis <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, "HazardousSubstances" are those substances defined as toxic or hazardous <br />substances by EnvironmentalLaw and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleumproducts,toxic pesticidesand herbicides,volatilesolvents, materialscontainingasbestosor formaldehyde, <br />and radioactivematerials. As used in this paragraph16, "EnvironmentaLaw" meansfederal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environmental protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrowerunconditionallyassigns and transfersto Lenderall the rents and revenues <br />of the Property. BorrowerauthorizesLenderor Lender'sagentsto collect the rents and revenuesand hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrowerof Borrower'sbreachof any covenantor agreementin the Security Instrument,Borrowershall collect and <br />receiveall rents and revenuesof the Propertyas trusteefor the benefitof Lenderand Borrower.This assignmentof <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lendergives notice of breachto Borrower: (a) all rents receivedby Borrowershall be held by Borroweras <br />trusteefor benefitof Lenderonly, to be appliedto the sums securedby the Securitylnstrument�b) Lendershall be <br />entitledto collect and receive all of the rents of the Property; and (c) each tenantof the Propertyshall pay all rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrowerhas not executedany prior assignmentof the rentsand has not and will not performany act thatwould <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lendershall not be requiredto enterupon, takecontrolof or maintainthe Propertybeforeor aftergiving notice <br />of breachto Borrower. However, Lenderor a judicially appointedreceivermaydo so at any time thereis a breach. <br />Any applicationof rents shall not cure or waive any defaultor invalidateany otherright or remedyof Lender.This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full <br />4N(NE) (8802).01 Page 6 of 8 <br />�r�� <br />
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