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201005934
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Last modified
1/11/2011 2:28:17 PM
Creation date
8/23/2010 3:25:36 PM
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DEEDS
Inst Number
201005934
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201005934 <br />14, Governing Law; Severability. This Security Lnstrtuttent 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 Note <br />conflicts with applicable law, such conflict shall not affect. other provisions of this Security Instrument ar the Note which can. <br />be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are <br />declared to be severable. <br />1S. &rrrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />16, 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 do, 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 an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to Harms.] <br />residential uses atad 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 />governmenrtal or regulatory agency or pri<rate party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower 1>as actual knowledge. If Borrower learns, or is notifted by any governmental or regulatory autharity, <br />that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall <br />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 substances <br />by Environmental Law and the fallowing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, valat.ile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used <br />in this paragraph 16, "Envirotunental 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 all the rents and revenues of the <br />Properly. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of <br />the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach <br />of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the <br />Property as trustee fox the benefit of Lender and Borrower, This assignment of rents constitutes an absolute assignment and <br />not an assignment far additional security only. <br />If Lender gives notice of breach to Borrower: (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 lnstrument; (b) Lender shall be entitled to collect. seed <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 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 Lettder from exercising ifs 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 of <br />breach to Borrower, However, Lender or a judicially appointed receiver may do so at arty 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. This assignment of <br />rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />FHA Deed ofTruef-NE <br />VMP <br />Wolters Kluwer Financlgl Sengces <br />nns~xtrt <br />aes <br />VMP4R(NE) (D~9).00 <br />Page 8 aT B <br />1111~lI~A~Nldllll <br />
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