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<br />200808377 <br /> <br />13. Notices. Any notice (0 Borrower provided for in this Security Inmwnent shall be given by deliverins it QT: <br />by mailing it by first class mail unless applicable L1.w requires use of another method. The notice shall be directed to <br />the Property Address or any other address Borrower designate5 by notice to Lender. Any notice to Lender shall be <br />given by firll class mail to Lender's address Slated herein or any address Lender designates by notice to Borrowet. <br />Any notice provided for in this Sec\lrity InsTIUIIlCnt shall be deemed to have been given to Borrower or Lender when <br />given as provilled ill this paragraph. <br />14. Governing Law; Severability. This Security Instrument sball be governed by Federal law and the law of <br />the jurisdiction in which the Property is located. In the event that any provision or clause of tlris Security InstromCIU <br />or the Note conflicts with applicable law, such confli':t shall not aff~t other pl:ovisions of this Security Instroment or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />lnBtrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />mStl1.l1ncnt. <br />16. lIazard0U5 Substances. BOrrower shall not cause or permit the presence, use, disposal, storage. or release <br />of MY Hazardous Substances on or in the Propeny. Borrower shall not do, nor allow anyone else [0 do. anytbing <br />affectiDg the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use. or storage Oil. me Property of small ~ntlties of Hazard.ous Substances that are generally <br />recognjJ:ed to be appropriate to nonooI residential uses and to maintenance of the Property. <br />Borrow~ shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatoI)" agency or private party involving the Property and. atl.y Hazardous S\lbstance or <br />Environmental Law of which Bon'ower has actual knowledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority. that any removal or other remediation of any Hazardous Substances affecting the Property is <br />necessary, Borrower shall promptly take all nece55aIy remedial actions in accOl:dance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those subStances defined as toxic or hazanlous <br />IiUbstatl.ces by Environmental Law aDd the following substances: gasoline, kerosene, othex- flammable or toxic <br />petroleum procIucts, toxic pesticides and Wrbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "EnyjrQM1ental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to hea1tht safety or environmental protection. <br /> <br />NON~UNIFORM COVENANTS. aorrower and Lend.er furrher covenant and. agree as follows: <br />17. Assignment 01 Rents. Borrower unconditionally assigns and transfers to Lender all the rents aJld revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenUes 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 BolIOwet's breach of any CQvenant or agreem.e>>t in the Security lnstrnment, Borrower shalt collect and <br />teceive all rents afld revenues of the Property as tnlstee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute llSsignment and not an assignment for aclditional security only- <br />If Lender gives nOlice of breach 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 collect and receive all of the rerns of the Property; and (c) each tenant of the Property 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 assignment of the rents and h~ not and will not perform 8ny act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lend.e..: Ot a judicially appointed receiver rrmy do so at any tiIm: there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of leDder. This <br />assignment of rents of the PJ:operty shall tennina1e when the debt secured by the Secul:ity Instrument is paid in full. <br /> <br />~4R(NE) (saOl! <br /> <br />Page 6 of II <br /> <br />1"111ijI$:~vl <br />