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99112214
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Last modified
3/13/2012 8:34:31 PM
Creation date
10/21/2005 1:53:18 AM
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DEEDS
Inst Number
99112214
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99 112214 <br /> 13. Notices. Any notice to Borrower provided for in diis Security Instrument shall be given by delivering it or <br /> by mailing it by hrst class mail unless applicable law requires use of another method. The notice shall be directed to <br /> die Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br /> given by tirst class n�ail to Lender's address stated herein or any address L.ender designates by notice to Borrower. <br /> Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when <br /> given as provided in this paragraph. <br /> 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of <br /> the jurisdiction in which die Property is located. In the event that any provision or clause of this Security Instrument <br /> or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br /> the Note which can be given effect widiout 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 die Note and of this Security <br /> Instiuuient. <br /> 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br /> of any Hazardous Substances on or in die Property. Borrower shall not do, nor allow anyone else to do, anydiing <br /> affecting die Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br /> die 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 /> Borrower shall promptly give Lender written notice of any investigation, claim, detnand, lawsuit or other action <br /> by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Enviromnental Law of which Borrower has actual knowledge. If Borrower learns, or is notitied by any goverruuental <br /> or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br /> necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br /> As used in diis paragraph 16, "Hazardous Substances" are those substances detined as toxic or hazardous <br /> substances by Enviromnental Law and die following substances: gasoline, kerosene, other flanmiable or toxic <br /> petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br /> and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br /> jurisdiction where the Property is located that relate to health, safety or enviromnenCal 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 revenues <br /> of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br /> each tenant of die Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br /> Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br /> receive all reilts and revenues of the Property as trustee for the benetit of Lender and Borrower. This assignment of <br /> rents constitutes an absolute assignment and not an assignment for additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br /> trustee for benefit of Lender only, to be applied to die sums secured by the Security Instrument; (b) Lender shall be <br /> entitled to collect and receive all of the rents of the Properry; and (c) each tenant of the Property shall pay all rents <br /> 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 would <br /> prevent Lender from exercising its rights under diis paragraph 17. <br /> Lender shall not be required to enter upon, take control of or maintain die Property before or after giving notice <br /> of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br /> Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br /> assigmnent of rents of the Property shall ternunate when the debt secured by flie Security Instrument is paid in full. <br /> �-4R1NE)�ssoa�.oi Page 6 of 6 Initials-� <br /> 0 <br />
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