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20090933E <br />13. Notices. Any notice w Borrower provided for in this Security Instrument 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 w the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice w Lender shall be given by <br />fast class mail w Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed w have been given w Borrower or Lender when given as <br />provided in this paragraph. <br />14. Governing I.aw; Severability. `Phis 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 cffect without the conflicting provision. To this end the provisions of this Security Instrument and <br />the Note are declared w be severable. <br />15. Borrower's Cnpy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall noC cause or permit the presence, use, disposal, swrage, or release of <br />any Hazardous Substances on or in the Property. Borrower shall oat do, nor allow anyone else W do, anything affecting <br />the Property that is in violation of any Envixonntental 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 recogzvzed 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 ox other action by <br />any governmental or regulawry agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual lmowledge. If Borrower learns, or is notified by any governmental nr <br />regulawry authority, that any removal or other remediation of any Hazardous Substances 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 the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, writ pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />~~ <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 ar 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 duects each <br />tenant of the Property w pay the rents to Lender or Lender's agents. However, prior to Lender's notice w 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 trustec far the benefit of Lender and Borrower. 17us assignment of rents constitutes an <br />absolute assignment and oat 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 for benefit of Lender only, w 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 agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will not perform 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 ox maintain the Propexty before or after giving notice of <br />breach w 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 or waive any default or invalidate any other right or remedy of Lender. 1"his <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />~~ <br />~nfna~s: <br />-4N(NE) (oao~) Pape6of8 <br />