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200200853 Long It. 7132862 <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by <br />first class mail unless applicable law requires use of mother method. The notice shall be directed to the Property Address or any other <br />address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated <br />herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall he deemed <br />to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severability.'I'his Security Instrument shall be governed by Federal law and the law of the jurisdiction <br />in which the Property is located. In the event that any provision or clause of this Security Inshment or the Note conflicts with <br />applicable law, such conflict shall notaffect other provisions of this Security Instrumentor the Notewhich canbe given effectwithout <br />the conflicting provision. To this end the provisions of (his Security Instrument and the Note are declared (o be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit thepresence, use, disposal, storage, or release of any Hazardous <br />Substances onor intheProperty. Borrower shall not do, nor allow anyone elseto do, anything affecting the Property that is inviolation <br />of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small <br />quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance <br />of the Property. <br />Borrower 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 Environmental Law of <br />which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal <br />or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary <br />rernedial actions in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph <br />16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety <br />or environmental 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 of the Property. <br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to <br />pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or <br />agreement in the Securi ty Instrument, Borrower shall collect and receive all rents and revenues oftheProperty as trustee for the benefit <br />of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional securi ty <br />only. <br />If Lender gives notice of breach to Borrower (a) all rents received by Burrower shall be held by Borrower as trustee for benefit <br />of Lender only, to be applied to the suers secured by the Security Instrument, (b) Lender shall be entitled to collect and receive all <br />of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on <br />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 prevent Lender <br />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 notice of breach to <br />Borrower. However, Lender or ajudicially appointed receiver may do so at any time there is a breach. Any application of rents shall <br />not cure or waive any default or invalidate any other right or remedy ofLender.'fhia assignment of rents of the Property shall terminate <br />when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred <br />in pursuing the remedies under this paragraph 18, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any par[ of the Property <br />is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons <br />and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement <br />at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment <br />in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage <br />Foreclosure Act of 1994 ("Act ") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act <br />to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the <br />Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply <br />the p roceeds of the sale in the following order: (a) to all costs and expenses ofexercisingthe power of sale, and the sale, including <br />the payment of the Trustee's fees actually incurred, not to exceed of the principal amount of the <br />note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured by <br />this Security Instrument, and (c) any excess to the person or persons legally entitled to it. <br />19. Reconveyance. Upon payment of all sums securedby this Security Instrument, Lender shall request Trustee to reconvey the <br />Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. <br />'Trostee shall reconvey the Properly without warranty and without charge to the person or persons legally entitled to it. Such person <br />or persons shall pay any recordation costs. <br />20. Substitute Tr istec. Lender, atits option, mayfrom timetotime remove Trustee and appoints successortrustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded- Without conveyance of <br />the Property, the successor trustee shall succeed to all the tide, power and duties conferred upon Trustee herein and by applicable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address which <br />is the Property Address. <br />Fro Neu, =sw D.d orrnst - 4m6 Initials <br />Page 4 O(5 NEVFHADE <br />