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2oo~os4b'~ <br />LvanNo. 0213584386 <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />1fi. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of <br />any Hazardous Substances on or in the Property. Barrawer shall not da, nor allow anyone else to da, anything <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br />presenae, use, ar storage on the Property of small quantities of Hazardous Substances that are generally recognized to <br />be 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 or <br />t nvironmental Law of which Harrower has actual knowledge. If Borrower learns, ar is notified by any governmental or <br />regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br />necessary, $arrower shall promptly take all necessary remedial actions in accardano® with Environmental Law. <br />As used in this Paragraph 16, "Hazardous Substances" are those substances defined as taxis or hazardous <br />substances by Environmental Law and the following substances; gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in Paragraph 1 B, "Environmental Law" means federal laws and laws of the jurisdiction <br />where the Property is located #hat relate to health, safety or environmental protection. <br />NON-iJNI FORM COVENANTS. Borrower and Lender further covenant and agree as follows, <br />17. Assignment of Rents. Borrower unconditionally assigned and transfers to Lender all the rents and revenues of <br />the Property. Borrower authorizes Lender of Lender's agent to collect the rents and revenues and hereby directs each <br />tenant of the Praperky to pay the rents to Lander or Lender's agents. However, prior to Lender's notice to Borrower of <br />Borrower's breach of any covenant ar agreement in the Security Instrument, Barrawer shall collect and receive all rents <br />and revenues of the Property as trustee fnr the benefit of Lender and Borrower, This assignment of rents constitutes an <br />absolute assignment and not an assignment far additional security only. <br />If Lender gives notice of breach to Barrawer; (a) all rents received by Borrower shall be held by Borrower as trustee <br />Far benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b} Lender shall be entitled to <br />collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay ail rents due and unpaid <br />to Lender or Lender's agent an Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will na# perform any act that would <br />prevent Lender from exercising its rights under this Paragraph 17. <br />Lender shall not be required fo enter upon, take control of or maintain the Property before or after giving notice of <br />breach to Harrower. 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 or waive any default ar invalidate any other right ar remedy of Lender. This <br />assrgnment or rents of the Property shall terminate when the debt secured by the Beautify Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may <br />invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect <br />all expenses incurred in pursuing the remedies under th-ts Paragraph 18, including, but not limited to, reasonable <br />attorneys' fees and casts of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed b applicable law #o <br />Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, <br />Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable taw. Trustee, <br />without demand an Borrower, shall sell the Property at public auction to the highest bidder at the time and place <br />and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of <br />any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the prise bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made <br />therein. Trustee shall apply the proceeds of the sale In the following order; (a) to all costs and expenses of <br />exercising the power of sale, and the sale, including the payment of the Trustee's fees aQtually incurred, not to <br />exceed 2 . 0 0 % of the principal amount of the not® at the time of the declaratlan of default, and <br />reasonable attorneys' fees as permitted by law; (b) to all sums secured by this Security Instrument; and (c) any <br />excess to the person.or persons legally entitled to it. <br />If the Lender's Interest in this Security Instrumen# Is held by the Secretary and the Secretary requires <br />immediate payment In full under Paragraph 8, the Secretary may invoke the nanjudiclal power of sale provided in <br />the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure <br />commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. <br />Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise avatlahle to a Lender <br />under this Paragraph 1 t3 or applicable law. <br />19. Reconveyance. Upon payment of all sums secured by this Security instrument, Lender shall request Trustee to <br />recanvey the Property and shall surrender this Security instrument and all notes evidencing debt secured by this <br />Beautify Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person <br />or persons legally entitled to it. Such person or persons shall pay any records#ion costs. <br />2d. Substi#ute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument retarded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Propperty, the successor trustee shall succeed to all the title, power and duties <br />conferred uon Trustee herein and by app[icable law. <br />21. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's <br />address which is the Property Address. <br />NE FHA DOT 1196 <br />Page 5 of B <br />~~ <br />S~~" <br />