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200210490 <br />conflict shall not affect other provisions of this Security Instrument OF the Note which can be given effect without the conflicting provision. To <br />this end tIle provisions of this Security Instrument laid the Note are declared to be severable. <br />13. Borrower's Copy. Borrower shall he given one conformed copy of this Security Instrument. <br />16. hazardous Substances. Burrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, not allow anyone else to do, anything affecting the Property that is in violation of any <br />Bnviromental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to he 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 other action by any governmental or <br />regulatory agency or private party involving the Property and any Hazardous Substance or Enviromental Law of which Borrower has actual <br />knowledge. If Borrower learns, or is notified by any governments] or regulatory authority, that any removal err other remediation of any <br />Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial moons in accordance with <br />Enviromental Law. <br />As used in this paragraph 16, "I lazarduus Substances" are those substances defined as toxic or hazardous substances by Enviromental Luw <br />Mid the following substances: gasoline, kerosene, other Flammable or toxic petroleum products, toxic pesticides and herbicides, volatile <br />solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph 16, "Envimmwtal Law" means <br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or eaviromcntal protection. <br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant wad agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property . Burrower <br />authurims Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender <br />or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security <br />Instrument, Borrower shall collect and receive all rents and revenues of the Pmpeny as matee for the benefit of Lender and Borrower. ]'his <br />assignment of 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 shal l be held by Borrower as trustee for benefit of Lender <br />only, to be applied to the sums secured by the Security Instmmentt @7 Lender shall be entitled to collect and receive all of the =is of the <br />Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Wider or Lender's agent on lenders written demand in the <br />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 from <br />exercising its rights under this Paragraph 16. <br />Lender shall not be required to enter upon, fake control of or mountain the Property before or after giving notice of breach to Borrower. <br />However, Lcnder or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any <br />default or invalidate any otter right or remedy of Lender This assignment of rents of the Property, shall terminate when the debt secured by the <br />Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke <br />the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses <br />Incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees <br />and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county In which any part of the <br />Property is located and shall mail copies of such notice in the manner as prescribe by applicable law to Borrower and to <br />the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice <br />of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall set[ <br />the Property at public auction to the highest bidder at the time and place and under the term designated in the notice of <br />sale in one or more parcels and in any order Trustee determines. Trustee my postpone sale of all or any parcel of the <br />Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may <br />purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, Including, but not limited <br />to, Trustee's fees as permitted by applicable law and reasonable attorney s' fees; (b) to all sums secured by this Security <br />Instrument; and (c) any excess to the person or persons legally entitled to it. <br />19. Reconvcyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the <br />Properly laid shall surrenderilts Security Instrument mid all noted evidencing debt securedby this Security Insnumentto Trustee.'fmstee shall <br />reconvey the Properly without warrmity and without cringe to the person or persons legally entitled to it Such person or persons shall pay any <br />recordation costs. <br />20. Substitute Trustee. Lender, at its option, may from time to time remove trustee lard appoint a successor trustee to any Trustee <br />appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded Without conveyance of the <br />Property, the successor trustee shall succeed to all the title, power mid duties conferred upon Trustee herein and by applicable law. <br />lic, 6 of 5 <br />lonrc vocm)n 011848 <br />GOTO(0001r.16m <br />