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200205721
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200205721
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Last modified
10/14/2011 11:13:11 PM
Creation date
10/22/2005 8:44:11 PM
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DEEDS
Inst Number
200205721
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200205721 <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall he given by delivering it or by <br />funding it by first class mail unless applicable law requires use of another method The notice shall he directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice m Under shall be given by <br />first class mail to Under'., address stated herein or any address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in his paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of We <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Now conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or die Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and <br />the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Nate and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br />any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shad not apply to the presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be <br />appropriau: 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 other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazirdous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower teams, or is notified by any governmental or <br />regulatory authority, that any removal or other remedialion of any Hazardous Substances affecting the Prolxrty is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As used in Nis 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 petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive manrials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where die Property is located that relate to health, safety or environmental protection. <br />NON UNIFORM COVENANTS. Borrower and Under faults, covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and ministers to Lender all the rents and revenues of <br />the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby ditects each <br />tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of <br />Bomower's breach of any covenant or agreement in the Security Instrunhenl, Borrower shad collect and receive all rents <br />and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an <br />absolute assignment and not an assignment for additional security only. <br />If Leader 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, In be implicit to the sums secured by the Security Instrument; (h) Lender shall be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of die Property shall pay all rents due <br />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 my act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, lake control of or maintain the Property before or after giving notice of <br />breach to Borrower. However, Leader or a judicially appointed receiver may do so at any time there is a breach. Any <br />application of rents shall not cure or waive any default or invalidate any other right or remedy of Under. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in fall. <br />DUC 0,026 as APPL a 0016149193 Ler. q N1141113 <br />®- 4fllNE) tvso<LO� Pa9^ 6 nl a In <br />o rued.: f1O <br />
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