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201007622
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Last modified
10/15/2010 4:15:32 PM
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10/15/2010 4:15:31 PM
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DEEDS
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201007622
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2oioo7s2� <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 t"�rst class mail unless applicable law requires use of another methad. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lendar. Any notice to Lender shall be <br />given by t"irst class mail to Lender's address stated herein or any address Lender designates by notice to &�rrower. <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 />14. Governing Law; Severability. This Security Instrurnent shall be 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 nat affect ather provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting prnvision. To this end the provisipns of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />lnstrument. <br />1G. 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 Properiy that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous 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, clairn, demand, lawsuit or other action <br />by any governxnental or r�gulatory agency or private party involvin� the Property and any Hazardoua Substance ar <br />Environmental Law of which Bprrower has actual knowledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediatian of any Hazardous Substances a£fecting the Property is <br />necessary, Borrower sha11 promptly take all necessary remedial actions in accordance with Environmental I,aw. <br />As used in this paragraph 16, "Hazardous Substances" are thos� substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other £lammable or toxic <br />petroleuxn products, toxic pesticides and herbicides, volatile solv�nts, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means fedaral laws and laws of the <br />jurisdiction where the Properiy is located that relate to health, safety or environmental protection. <br />NON-UNI�ORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Barrower 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 Propez to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Barrower of Borrower'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 trustee for the benefit of Lender and �rrower. This assignrnent af <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />lf 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 />entitled to collect and receive all of the rents pf the Property; and (c) each tenaaxt 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 priar assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its ri�hts under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Properiy before or after giving notice <br />of breach to Bonrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents sha11 npt cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Froperty shall terminate when the debt secured by the Security Instrument is paid in full. <br />0451015175 <br />FHA Deed oF Trust-NE R/96 <br />VMP � � VMP4R(N� (D809) <br />Wolters Kluwer Financial Services Page 6 of g <br />
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