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200705777
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Last modified
7/9/2007 4:14:30 PM
Creation date
7/9/2007 4:14:29 PM
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DEEDS
Inst Number
200705777
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<br />200705777 <br /> <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering It or <br />by mailing it by fint class mall wlless applicable law requires use of another method. The notice shall be directed 10 <br />the Property Address or any other address Borrower designates by notice to Lender. Any noUce to Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrowel'. <br />Any notice provided for in this Security Instrwnent shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragl'8ph. . <br />14. Governing Law; S_..bility. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is localed. In the event that any provision Or clause of th1s Security Instrwnent <br />Or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument Or <br />the Note which can be given effect without the conflicting provision. To this end the prOVision.::; of thI.::; Security <br />Instrument and the Note are declared to be seveTable. <br />15. BOTrOWCll"':I Copy. Borrower shall be given one confonned copy of the Note and of Iirls Security <br />Instrument. <br />16. Ha:zardou:l Sublltllt:lce8. ;Borrower shall not cause or pennit Ihe presence, use, disposal. sto.-al1;e, or Telea.se <br />of any Hazardous Substances on or In the Property. Borrower shall not do. nOr allow anyone else to do. anything <br />affecting the Properly that 18 In violation of any Environmental Law. Tbe preceding two sentences shall not apply to <br />the presence. use. or .::;torage on tbe Propl!Tty of .small quantities of Hazardous Substance.::; that are generally <br />recognized to be appropriate to nOTmal residential uses and to maintenance of the P.rop~. <br />Borrower .shall promptly give Lender written notlee of any Investigation, claim, demand, lawsuit or other action <br />by any governmental Or regulatory agency 01' private party involving the Property and any Hazardous Substance or <br />Environmental Law of wblch Bon'ower has actual knowledge. If Borrower learns. or Is notified by any governmental <br />Or Tegulatory authority. that any removal or other remediation of any HazaTdous Substances affecting the Property I.::; <br />nece.ssary. Borrower shall promptly take an 'lecessat)' remedial action.::; In accordance with Environmental Law. <br />As used In this paragraph 16. "H~rdous Sub.::;tances" are those substancC$ def"rned a.::; toxic or bazardous <br />substances by EnviTOJUnental Law and the following substances: gasoline, kero.sene. other Dammable Or toxic <br />petroleum pToducts. toxic pesticides and heTbicides. volatile solvents. malerials containing asbestos or formaldehyde. <br />and radioactive materials. As used in this paragraph 16. "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health. safety or environmental protection. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. AsaigDlrumt of Rents. BorTower unconditionally assigns and Iransfers to LendeT aU the rents and revenues <br />of the Property. Borrower authoTizes LendeT or LendeT's agents to collect the rents and revenues and hereby directs <br />each tenant of the PTOperty to pay the rents to Lender Qr Lend"r'.::; agents. However, prior to Lender's notice to <br />BQrroweT of BQITower's breach of any covenant Qr agreeJllent In th" Security Instrwnent, Borrower shall collect and <br />receive all rents and revenues of the Property as lrustee for the benefit of Lender and Borrower. This assignment of <br />rent.::; constitutes an absolute 113sil1;1lment and not an assignment for addiUonal security only. <br />If Lender gives notice of breach to Borrower: (a) aU rents receiVed by BOrTower shall be held by Borrower as <br />trustee for benefit of LendoT only. to be applied to the sums secured by the Security Instrument: (b) Lender shall be <br />enUtled to collect and receive all of the rents of the Property; and (c) eac-l1 tenant of the Property shall pay all rents <br />due and unpaid to Lender 01' Lender's agent on Lender's written demand 10 the tenant_ <br />Borrower has nor executed any prior assignment of the rents and has not and will not perfonn any act that would <br />prevent Lender from exercising lis right.::; under this paragt-apb 17. <br />Lender shall not be required to enter upon. take control of or malntain Ihe Property before or after giving noUce <br />of breach to Borrower. However, Lender Or a judicially appointed receiver may do so at any Ume there Is a breach. <br />Any application Qf rents shall not cure or waiVe any default Or invalidate any other right or remedy of LendeT. This <br />assignment of rents of the Property shall tenninate when the debt secuTed by the Secudty Instrument is paid in full. <br /> <br />V-4N(NE) (D4D7).01 <br /> <br />Pag. 6 of 6' <br /> <br />,.1 <br />
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