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<br />200801986 <br /> <br />13. Notices. Any norice to Borrower provided tor in this Security fustrnment shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires llSe of another method. The notice shall be directed to <br />the Propeny Address or any other ad.<lress Borrower designares by norice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to BorroWN or Lender when <br />given as provided in this paragraph. <br />14. Goventing Law; Severability. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiedon in wbich the Prop~rty is located. In the event that any provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such rol1flict shall not affeet orher prolJisions of this Security Instrument or <br />me Note which can be given effect withour the conflicting provision. To rhis end the prOVisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall l>e given one conformed copy of the Note and of this Security <br />Instrw;nent. <br />16. Hazardom Substances. .Borrower shall not cause or pennit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the 'Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that 81'e generally <br />recognized to be appropriate to nonna! resid.ential uses and ro maintenance of the Property. <br />Borrower sball promptly give Le:uder written notice of any investigation, claim, demaud, lawsuit or other action <br />by any governmental or regulatory agency or private party involvil1g the Property and any HazatdQU8 Subslance or <br />.EnviJ:onmcntaI Law of which Borrower has actual 1a10wledge. If Borrower learns, Ot is notified by any governmental <br />or regtIlatory authority, that any removal or other remediation of any Hazardous Substances affecting the Pfopeny is <br />necessary, Borrower shall promptly take all n~ary remedial actionS in accordance with Environmental Law. <br />As used in this pmgraph 16, "Hazardous SubStances" are mose substances defined as to~ic or ~ous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, Volatile liolvent.'l, materials containing asbestos or formaldehyde, <br />and radioactive materials. As U$oo in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdicdon where the Propeny is located that relate to health, safelY or environmental prorection. <br /> <br />NON-UNIFORM COVBNANTS. Borrower and Lender further covenant and agree as follows: <br />17. A6!iignment of l,{ents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Propeny. BOrTOwer authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of me 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 or agreement in the Security Instrument, Borrower sha1.1 collect and <br />receive aU rents and revenues of the Property as trustee for the benetit of Len(ler and Borrower. This assignment of <br />rents constirutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breacb to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collecl and receive an of the rents of the Property; and (c) each tenant of the Pt'operty shall pay all rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrower has not eXeCUted any prior assigmnent of the rents and has not and will not perform any act that wo\lld <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall DOt be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do 50 at any time there is a breach. <br />Any application of rents shall not eure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Propeny shall terminate when the debt secured by the Security InStrument is paid in full. <br /> <br />~4R(NEI (96011 <br /> <br />rase B oj B <br /> <br />IrNti.Jtlr eX <br />