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-.- . ........ ....~ - ._.. _.... ...~ iiui .... .....-.. ~. ~.-,.,... ..... 1 ....-.. 20100288E ll. Successors arzd Assigns I3ound; Joint and Several Liability; Ca-signers. The covenants and agreements of this Security Instrument shall bind and benefit die successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 4(h). Horrawer's covenvtts and agreements shall be joint attd several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is cn-signing this Security Insltuntent only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security lnstrument; and (c) agrees that Lender artd any other Harrower may agree to extend, modify, forbear ar make any accommodations with regard to the terms of this Security Instrument nr the Nate without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in dtis Security Instrument shall be given by delivering it or by mailing it by Tirst class mail unless applicable law requires use of auather method. The notice shall he directed to the Property Address or any other address Harrower designates by notice to Lender. Any notice Ta Lender shat! be given by first class mail to Lender's address stated herein or airy address 1-ender designates by notice to Borrower. Any notice provided far in this Security lnstrument shall be deemed to have been given to Borruwer or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that atzy provision or clause of this Security Instrument ar the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security ]nstrument yr the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument azzd the Nate are declared to be severable. 15. Borrower's Capy. Honrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, at storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit ar other action by any goveznnzental or regulatory agency or private party ittvolvittg We Property and any Hazardous Substance ar Environntezttal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with 1;nviromnental Law. As used in this Paragraph Ifi, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Bnviranmental Law and the following substances: ,gasoline, kerosene, other flammable ar toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials cozttaining asbestos or formaldehyde, and radioactive materials. As used in this Faragraph lti, "Env[ronmental Law" means federal laws attd laws of the jurisdiction where the Property is located that relate to health, safety ar environmental protection. NON-1;1NIFDRM COVENANTS, Harrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to I,cnder all the rents attd revenues of the Property. Harrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of 8nrrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Boztower. 'Phis assignment of rents constitutes an absolute assignment and not an assignment far additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shaft be entitled io collect and receive all of the rents of the Property; azzd (c) each tenant of the Property shall pay all rents due and unpaid to Lender ar Lender's agent an Lender's written demand to the tenant. Harrower ltas not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this Pazagraplt 17. 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