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200214079 conflict shall net affect other provisions of this Security Instrument or the Note which can be given effect without the coMicting provision To this end the provisions of this Security Insrumcnt and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall he given one conformed copy u this Secarty Instrument 16. Hazardmts Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property- Borrower shall not do. nor allow anyone else to do, anything annealing the Property that is in violation or any Enticements] Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance Of the Property. Borrower shall promptly give I.ender written notice of any investigation, claim, demand_ lawsuit or other action by any governmental or regulatory agcnpy or private party involving the Property and any Hazardous Substance or Envlromental Law or which Borrower has ocmul knowledge- If Borrower Icarus, or is nutilied by any govemmental or regulasery authority, that any removul or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Envaomcmml Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substancesby Envimmental Law and the following substances gasoline, kerosene, other factorable or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in the paragraph 16, "Environmental Law" means federal Taws and laws of the jurisdiction where die Property Is located that relate to health, safety or environmental protection. NON UNIFORM COVENANTS_ Borrower and Lender further covenant and agree as follows- 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property . Borrower authorizes 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 or Lenders agents. However, prior to Lenders nohec to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment ofmms constitutes an absolute assignment and not an assignment for additional security only If Lender gives notice of breach to Borrower. (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, at be applied to the sums secured by the Security Instmmcnt. (b) Lender shall be entitled to collect and receive all of the rents of the Property, and (c) each Lateral of the Property shall pay all rents due and unpaid Lo Lender or Lenders occur on Lenders written demand to the tenant. Bumlwer has not cxecured any prior assignment of the rents and has act and will not per any act that would prevent Lcndcr lien, exercising its right, under this Paragraph 16. Lender shall not be required to enter upon. Luke control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or ejudicially appointed receiver may do so at any lime there is a breach. Any application of rents shall not cure or waive any default Or invalidate any other right or remedy of Lender. This assignment of tents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 16. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is located and shall mail copies of such notice in the manner as prescribe by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the lent¢ designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment ref the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the 'I rustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees as permitted by applicable law and reasonable attorney s' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 19. Reeonveyance. Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to econvey the Property and shall surrender this Security Instmnrcat and all noted evidencing debt secured by this Security Instrument to 'I restce.'I Fudge shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it Such person or persons sh it I pay any recordation costs. 20. Substitute 'Trustee. Lender, at its option, may from [line to time remove Trustee and appoint a successor trustee m any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance it the Property, the successor trustee shall succeed to all the tide, power and duties cnnlerred upon Trustee hermit cod by applicable law . s.aore I I LCV rBtap 162)58] 1,111".ai,,f