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200905222 <br />13. Notices. Aay notice to Borrower provided for in this Security Instrumenk shall be given. by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Iastrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in this paragraph. <br />14. Governiag Law; Severability. This Security Instrument shall be governed by Federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument aad <br />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 Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br />any Hazardous Substances on ar in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting <br />the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance ar <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or <br />regulatory authority, that any removal or other remediafion of any Hazardous Substances affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Eavironmental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances deemed as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />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 />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of <br />the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each <br />kenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of <br />Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents <br />and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an <br />absolute 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 be held by Borrower as <br />trustee fox 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 rents of the Property; and (c) each tenant of the Property shall pay all rents due <br />and unpaid to Lender or Lender's ageat on Lender's written demand to the tenant. <br />$orrower has not executed any prior assignment of the rents and has aot and will not perform any act that would <br />prevent Lendex 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 of <br />breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any <br />application of rents shall not cure ox 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 full. <br />Inltlals:~~ ,,,~~„~ <br />-0N(NE) ~oaa~~ Page 6 of8 <br />