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241002493 <br />13. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or <br />by mailing it by first class mail uniless applicable law requires use of another method. The notice shall be directed to <br />dne Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />74. Governing Law; Severability. This Security Instrument shall he governed by Federal law and the law of <br />the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the Note which can be giveaa effect without the conflicting provision. To this end the provisions of this Security <br />instrument and the Note are declared to he severable. <br />15. Borrower's Copy. Borrower shall be given otte conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Property that is in violation. of any Environmiental Law. The preceding two sentences shall not apply to <br />die presence, use, or storage on the Property of small quarndties of Hazardous Substances that are generally <br />recognized to be appropriate to norrraal residential uses and to nnaintenarace of the Property. <br />Borrower shall. promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any govertunental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Enviromnental Law of which Borrower has actual knowledge. if Borrower learns, or is notitied by any governmental <br />or regulatory authority, that any removal or other remediationr of any Hazardous Substances affecting tine Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviromnental Law. <br />As used in this paragraph ld, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flarmnrable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, ~taaterials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Euvirotunental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environunental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenrant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrower's breach of any covenant or agreement in dne Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assigmnent of <br />rents constitutes an absolute assigmnent and not an assigmnent for additional security onily. <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 onily, to he 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 tennant of the Property shall pay all rents <br />due 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 leas not and will not perforn 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 or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver nnay do so at any time there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assigmnent of rents of the Property shall terninate when the debt secured by the Security instrument is paid in full. <br />®4RINE) ~seo~~ <br />Page 8 of 8 <br />Initiale:l Y ~ l <br />~~ ~~ <br />