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200809797
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Last modified
12/1/2008 4:31:39 PM
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12/1/2008 4:31:38 PM
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DEEDS
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200809797
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<br />200809797 <br /> <br />.13. Notices. Any notice to Boriowerprovided for in this Security Instrument.shall be given by delivering it or <br />by mailing it by first class mailunlessapplicablelaw reqIJires use of another method. The notice shall be directed to <br />the Property Addre:""oranYQ!h.eraddressHorrowerdesignates by notice to Lender. Any notice to Lender shall be <br />given by first class mail.tQ b~nder' s address siated 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 Borrower or Lender when <br />given as provided in this paragrapk <br />14. GoverniilgI.awiSeverabiUty. This Security Instrument shall be govemedby Federal law . and the law of <br />the jurisdiction iuwhichthe froperty is located. In the event that any provision or clause of this Security Instrument <br />ortbeNote 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 provisions of this Security <br />Instrllmentand theNotearedeclared to be severable. . <br />15. Borrower's Copy. BOfl'ower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. HazardOusStibStauces. Borroweishall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Jlropefty.Borrowershall not do, nor allow anyone else to do, anything <br />affecting the fropeny$atis in. violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use,oLstorage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Bormwer shall promptly give Lencl.erwritten notice of any investigation, claim, demand, lawsuit or other action <br />by any. governmental or regulatory agency or. private party involving. the Property and any Hazardous Substance or <br />Environmental Lawofwhi~b, Borrower has actualknowledge~ If Borrower learns, or is notified by any governmental <br />or regulatory authority, thaJanyremoval.or other remediation of any Hazardous Substances affecting the Property is <br />necessary, Borrower shallpromptly take all necessary remedial actions in accordance with Environmental Law. <br />As used .inthis.paragrapb 16, "Hazardous .Substances" are those substances deemed .as toxic or hazardous <br />substances by Eny!ronmental J.aw and thefollowingsllbstances: gasoline,kerosene, other flammable or toxic <br />petroleum producti: toxic pesticides and herbicides, volatile solvents, materials 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~ Assignment of Ren~. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes l.ender 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 Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive allrentsanctrevcnues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitntesanabsolute assignment and not an assignment for additional security only. <br />If Lender gives nOtice of breach to Borrower: (a) all rents received by Borrower shall beheld by Borrower as <br />trustee for benefit of Lender only. 19 be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collectanct rcceiveall of the. rents of the Property; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender orLender'sagent on Lender's written demand to the tenant. <br />Borrower has not execllted any prior assignment of the rents and has not and will not perlonn any 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 Borr6wcr. However, Lender ora judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shalL not cure or waive any default or invalidate any other right or remedy of Lender . This <br />assignment of rents of the Property shall terminate when the debt secured by the Security. Instrument is paid in fun. <br /> <br />~4R(NE) (0407).01 <br /> <br />pagos of B <br /> <br />,_~B014 <br />
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