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201001946
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3/24/2010 4:27:00 PM
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3/24/2010 4:26:59 PM
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DEEDS
Inst Number
201001946
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2olooi94G <br />14. Governing 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 ar the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instnrment or the Note which can be <br />given effect without the conflicting provision. Ta this end the provisions of this Security Instrument and the Note are declared <br />to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />1C. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on ar in the Property. Borrower shall not da, nor allow anyone else to do, anything affecting the <br />Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />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 any <br />governmental or regulatory agency ar private party involving the Property and any Hazardous Substance or Environmental Law <br />of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental ar regulatory autharfty, that <br />any removal nr other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br />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 substances by <br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br />this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />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 alt the rents and revenues of the <br />Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant pf the <br />Property to pay the rents to Lender or Lender"s agents. However, prior to Lender's notice to Borrower of Borrower's breach of <br />any covenant or agreement in the Security Instn~ment, Borrower shall collect and receive all rents and revenues of the Property <br />as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and oat an <br />assignment far additional security only. <br />If Lender gives notice of breach to Harrower: (a) all rents received by Borrower shall be held by Borrower as trustee for <br />benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and <br />receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or <br />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 oat perform any act that would prevent <br />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 native of breach <br />to Borrower. However, Lender ar a judicially appointed receiver may do so at any time there is a breach. Any application of <br />rents shall oat cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the <br />Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may invoke the <br />power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in <br />pursuing the remedies provided in this paragraph 1$, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the Property is <br />located and shall mail copies of such notice in the manner prescribed by applicable law to Harrower and to the other persons <br />prescribed by applicable law. After the time required by applicable law, Trustee shall give public notice of the sale to the <br />persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell the Property at public <br />auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or mare parcels <br />and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at <br />the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. <br />The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply <br />the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, <br />Including the payment of the Trustee's fees actuapy incurred, not to exceed O.OOU 96 of the principal amount <br />of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted by law; (b) to all sums secured <br />by this Security Instrument; and (c) any excess to the person nr persons legally entitled to it. <br />OCC - 1690~NE (Oere7) <br />Psge 5 of 7 <br />Initials: <br />
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