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201008047
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Last modified
1/11/2011 1:55:46 PM
Creation date
10/29/2010 4:13:52 PM
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DEEDS
Inst Number
201008047
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201008�4� <br />13. Notices. Any notice to Borrower provided for in this Security Instniment shall be given by delivering it or <br />by rnailing it by �irst class mail unless applicable law requires use of another method. 'The natice shall be dire�ted to <br />the Property Address or any other address Borrower designates by notice to L.ender. Any notice ta Lender shall be <br />given by first class rnail to Lender's address stated herein or any address Lender designates by notice ta Borrower. <br />Any notice provided for in this Security Instrurnent shall be deerned to have been given to Borrower or I,ender when <br />given as provided in this paragraph. <br />14. Goveirning Law; Severability. This Security Instrurnent shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is lacated. In the event that any provision or clause of this Secucity Instnunent <br />or the Note conflicts with applicable law, such conflict shall not affect ather provisions of this Security Instnunent or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrurtient and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformai copy of ihe Note and of this Security <br />Instrurnent. <br />16. Hazardous Substances. Bonower shall not cause or pernut the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borcower shall not do, nar allow anyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. The praceding twa 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 sha11 promptly give L.ender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governrnental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower leams, ar is notified by any governrnental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substanc�s affecting the Property is <br />ner.�ssary, Bonower shall prornptly take all necessary rernedial actions in accordance with �nvironmental I,aw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the follovc+ing substances: gasoline, kerosene, other flaxxamable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fornialdehyde, <br />and radioactive rnaterials. As used in this paragraph 16, "�nviroznmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that 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 ta Lender all the rents and revenues <br />of the Paroperty. �orrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of the I'roperty ta 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 agreernent in the Security Instrument, Boarrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of br�ach to Borrower: (a) all rents received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, co be applied to the swns secured by the Security Instrurnent; (b) Lender shall be <br />entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender's agent on I.ender'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 Lender from exercising its rights under this pazagraph 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 Bo�rrower. However, I.end�r or a judicially appointed receiver may do so at any tirne there is a breach. <br />Any application of rents shall noc cure or waave any defau.lt or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall terxninate when the debt secured by the Security Instrument is paid in full. <br />FHA DeBd Of TruSt-NE 4/96 <br />VMP � VMP4R�NE) (0809) <br />Woltars Kluwer Financial Servicea Page 8 of e <br />\ � <br />r� �' � i.� t1 d .�.� <br />
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