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201002123 <br />13. Notices. Any notice to Borrower provided fox in this Security Instrument`shall be given by delivering it or by <br />mailing it by first class mail unless applicablelaw requiresuse of anotherrnethod. The notice shall be directedto the <br />PropertyAddressor any otheraddxessBorrowerdesignatesby notice to Lender.Any notice to Lendershallbe 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 Instrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrumentshall be governed by Federallaw and the law of the <br />jurisdictionin which the Propertyis located. In the event that any provision or clause of this Security Instrumentor the <br />Nate conflicts with applicablelaw, such conflict shall not affect other provisions of this Security Instrumentor the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrumentand <br />the Note are declared to be severable. <br />1S. Borrower's Copy. Borrowershall be given one conformedcopy of the Note and of this Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permitthe presence,use, disposal, storage, or releaseof <br />any HazardousSubstanceson or in the Property.Borrowershall not do, nor allow anyone else to do, anything affecting <br />the Propertythat is in violation of any Environmentalt,aw. The precedingtwo sentencesshall 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 />Borrowershall promptlygive Lenderwrittennotice of any investigation, claim, demand,lawsuit or otheractionby <br />any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />EnvironmentaILaw of which Borrowerhas actualknowledge. If Borrowerlearns, or is notifiedby any governmentalor <br />regulatory authority, that any removal ox 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 />substancesby EnvironmentalLaw and the following substances:gasoline, kerosene,otherflammableoxtoxic 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 Propertyis located Chat 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 transfersto Lender all the rents and revenues of <br />the Property. Borrower authorizesLendex or Lender's agents to collect the rents and revenues and hereby directs each <br />tenantof the Propertyto 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 agreemendn the Security Instrument,Borrowersball collect and receive all rents <br />and revenues of the Propertyas trusteefor the benefit of Lender and Borrower. This assignment of rents constitutesan <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 for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitledto collect and receive all of the rents of the Property; and (c) each tenantof the Propertyshall pay all rents due <br />and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrowerhas not executed any prior assignmentof the rents and has not and will not performany act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lendershall not be requiredto enterupon, take control of or maintainthe Propertybefore or after giving notice of <br />breach to Borrower. However, Lender or a judicially appointedreceiverrnay do so at any tune 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. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.. <br />-4N(NE) (oao~ Page 8 of 8 <br /> <br />