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201007381
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Last modified
10/8/2010 10:47:21 AM
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10/8/2010 10:47:21 AM
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DEEDS
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201007381
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2410U�381 <br />13. Notices. Any notice to Sorrower provided for in this Security Instrument shall be given by delivering it or <br />by mailin� it by first class rnail unless applicable law requires use of another method. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to �,ender 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 ta Borrower or Lender when <br />given as provided in this paragraph. <br />]�{. Governing Law; Severabiliry. This Security instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is located. In the event that any prnvision pr clause of this Security Instrument <br />or the Nate conflicts with applicable law, such cnnflict shall not affect other provisions of this Security Instrument or <br />the Note which can be given effect without the cvnflicting prpvision. To this end the provisions of this Security <br />Instxument and the Note are declared to be severable. <br />15. Barrower's Copy. Borrower shall be given one conformed copy af the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Sorrowar shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardaus 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 Environmental Law. T'he preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Haaardous Substances that are generally <br />recognized to be appropriate to normal 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 <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />�nvironmental Law of which Sorrower has actual knowledge. If Borrower learns, or is notified by any governmental <br />ar regulatory authority, that any removal or other rezn�ediatian of any Hazardons Substances affecting the Property is <br />necessary, Bora 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 />substances by Environmental Law and the following substances: gasoline, kerosene, other £�ammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws pf the <br />jurisdiction where the Properiy is located that relate to health, safety or environmental protection. <br />NON-iTNIFORM COV�NANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrpwer unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower autharizes 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 I.ender's agants. However, prior to Lender's notice to <br />Sonower of Bonower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as Uustee for the bene�t of Lender and Borrower. This assignxnent of <br />rents canstitutes an 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 bene�t of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender sha11 be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay al] 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 assignmenC of the rents and has not and will not perfortn 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 cantrol oF or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any tixne there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of I.,ender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />0451012520 <br />VMp �ed of TruSl-NE �VMP4R(N� (0809) <br />Wolters Kluwer Financial Services Page 6 of e <br />
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