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<br />:f, <br />, <br /> <br />,t <br /> <br />200602366 <br /> <br />13. Notices. ~y notice to Borrower provided for in thjs Security Instrument shall bc given by delivering it or <br />by mailing it by first etass mail \I,oless applicable law requires ll5e of another methoo. The notice shall be directed to <br />the Pro))eny Address or any other address BorrQwer designa.tes by notice to under. Any noticl': to Lender shall be <br />given by first class mai,l to Lender's address stated herein or any adoress Lender designatcs by DoUce to narrower. <br />Any notice provided for in dlis SCCtlrity Instrument shall be deemed to have been ,given to Borrower or Lender when <br />giveo' as provided in this paragJ:'aph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiction in whic:b the Property is located. In the event that any provision or clause of this Security Instruru~nt <br />or the Note con'Diets with applicable hlw. such conflict shaH not affl:ct other prQvi:iioos of this Security Instrument or <br />the Note whicb can be given effEct without the conflicting provision. To this end tbe provisions of thi~ Security <br />InstrumlMt and the Note are declartd to be severable. <br />15. Borrower's Copy. Borrower shall be givel). one conformed copy of the Note and of this Ser:urity <br />Jostrument. <br />16. Hazardous Substances. Borrower shall not cause or pennit tIle presence, use, disposal, storage, or release <br />C'Jf any Hazardous Substances on or in the Property. :Sorrower sl1aII not do, nor .allow anyone cl~e to do. anything <br />affecting tbe Property that is in violation of any Environmental law. TIle preceding two sentences shall not apply Lo <br />the presence, use, or SfC'Jrage on the Property of small quantities of Ha7.aroous SUbstances that are generally <br />reco,enizcd to be appropriate to Donnal residential uses liIod to maintenOJnce of the rro~rty. <br />Borrower shall promptly give Lender wriuCIl notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory alJency or private party involving thc Property and any Hazardous Substance or <br />EnvironmentaJ Law of which Borrower has actua.l Knowledge. If Borrower lei1ms, or is nQtified by any governmental <br />or regulatory authority, tbat any temovaJ or other remediation of any Hazardous Substances affecting the Property is <br />necessary, Borrower saa1l promptly take all necessary remedial actions in accordance with EnvironlTlE)Jtal Law. <br />As: used in this paragraph 16, "Hu..ardous Substanl:es" arc tho$e substances defined a:J to"ic or hM;lrdous <br />substances by Envil:onmental Law and t~1;'l following 6l,lbstances: g;tsoline, ketosene, other flcunrnable or toxic <br />petroleum products. toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyd.c, <br />and radioactive materials. As used in this paragraph 16, "Environmemal Law" means federal laws and laws of the <br />jurisdktion where the Property is located that relale to he;;alth, safety or environmental protcction. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all tile rents and revenues <br />of the Property. bQuQwer authorizes Lender or Lender's agents to collect the rents and revem,lcs and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower's breach of any covenant Ot agreement in the Secutity Instrument. Borrower shall collect and <br />receive all rents and revenues (If tbe Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrow~ sball be held by Borrower as <br />ttustee for benefit of le1)der only, to be applied to the SUtl1$ secured by the Security Instrnmtmt; (b) Lender shall bc <br />entitled to collect and receive all of the rents of the Pro~rty; and (c) each tenant of the l"rQperty shall pay all rents <br />due and unpaid to lender or lender's agent O~ Lender'.!: written demand to the tEluant. <br />norrower has not executed any prior. OJssignment of the rents and has not and will not perfonn any ac[ that would <br />prevent Lender from exercising its rights under tbis paragmpb. 17. <br />, Lender shall not be required to enter upon, take COntrol of or 'ltlaintain the Property before or after giving notice <br />of breach to Borrower. However, Lend~ or a judicially appointed receiver may do so at any time there is tI breach. <br />Any application of rents shall not cure or waive ;my default or invalidate any othtt right or remedy of lender. This <br />assignment of rents of the Property shall tenninate when lhe debt secured by the Seeutity Instrument is paid in full. <br /> <br />~-4RINE) (eGO', <br /> <br />PRglI e of B <br /> <br />Inltl''';& <br /> <br />03/15/2006 8:43AM (GMT-06:00) <br />