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99105847
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Last modified
3/13/2012 6:00:31 PM
Creation date
10/20/2005 11:37:05 PM
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DEEDS
Inst Number
99105847
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�9' 1C3��9fi �f2��ORDED <br /> gg� �`ya7C7� ! <br /> Any 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 /> 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the <br /> law of the jurisdiction in which the Property is located. In the event that any provision or clause of this <br /> Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of <br /> this Security Instrument or the Note which can be given effect without the conflicting provision. To this end <br /> 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, 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 senten.ces <br /> shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br /> that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or <br /> other action by any governmental or regulatory agency or private party involving the Property and any <br /> Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or <br /> is 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 remedial <br /> 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 toxic <br /> petroleum products, toxic 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 <br /> and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for <br /> additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br /> Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; <br /> (b) 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 the <br /> tenant. <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 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 <br /> is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy <br /> of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security <br /> Instrument is paid in full. <br /> �—4RINE1 cssoa�.o i <br /> � Pa9e s ot e Initials: <br /> ��� <br /> c • + <br /> ' �� t <br />
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