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200810165
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Last modified
12/15/2008 4:37:31 PM
Creation date
12/15/2008 4:37:30 PM
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DEEDS
Inst Number
200810165
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<br />200810165 <br /> <br />13. Notice.~. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to <br />the Property Address Or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first Cla% mail to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instru~ent shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph, ' <br />14. Governing Law; Severability. This Security Instrument shall 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 tills Security Instrument <br />or tile Note conflicts with applicable law, sucb conflict shall not affect other provisions of this Security Instrument or <br />the Notc which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. , " <br />15. Borrower's Copy. Borrower sballbe given one confonned copy of the Note and oltbis Security <br />lnstrument. '. .... .' . <br />16. lI4tzardous S-qbstaJicts. Borrowershalln,otcl\useor penuit thepre$ence.,Use,dispo~at; . stotagclor release <br />of any Hazardous Substances on or 'in thePrQperty. 13ortowershal(not do, 'uQrallowilnyone else to do,rmything <br />affecting the Property thatts. in Violatioilofany Environmental Law. The preceding two sentences shall riot apply to <br />the presence,. USe, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to ntmual residential uses and to maintenance qf tbe Ptoperti <br />Borrower'shall promptly give Lender written notice ofariy investigation, claim, demand, lawsuit.orother action <br />by any governmental or regulatory agency or private patty inVolving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowlec1ge: If Borrower learns, or is notified by any governim:ntal <br />or regulatory authority, that any removal or otllcr remediation' of any Hazardous. Su,bstances' affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, . <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and me following substances: gasoline, kerosene, other flammable OT toxic <br />petroleum products,t()xicpesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, <br />and radioactive materials. As used in this paragraph 16, "EIivironrnerital 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 fu.rtber covenant ~d agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfets to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents al1d 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 all rents and revenues of the Property astrustee for the benefit of Lender and Borrower. This assigruuent of <br />rentS constitutes an absolute assignment and not 3.11 assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all relltS received by Borrower shaH be held by BOrrower as <br />trustce for benefit of Lender only, to be applied tq th.e sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents.oime Property; and (c) each tetlaniof tbe property shall pay all rents <br />due and unpaid to Lender or Lender's agent On Lender's written dernaild to the tenant. <br />Borrower has not executed any priorassignment.ofthe rerlts and has not and will not perform any act that would <br />prcvent Lender from exercising its rights under mis 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 toBorrower. However, Lender or a 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 illvalidllte any other right or remedy of Lender. Thi~ <br />assignment of rents of the Propel1Y shall terminate when the debt secured. by thc Security 111strument is paid in ful!. <br /> <br />.-4RINEII04671.01 <br />@ <br /> <br />P.ge 6 of ~ <br /> <br />0120288104 <br />Inlfi'Is;~ <br />
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