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201008856
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Last modified
1/11/2011 2:30:02 PM
Creation date
11/29/2010 4:22:52 PM
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DEEDS
Inst Number
201008856
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2 01008856 <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 first class mail unless applicable law rcquires use of another method. The notice shall be directed co <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to I,ender shall be <br />�;iven by �rst 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 lnstrument shall be deemed to have been given lo Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This 3ecurity 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 provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one confornicd copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or pennit the presence, use disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone clse to do, anything <br />affecting the Property that is in violation of any Environmental Law. The preccding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are gcnerally <br />recognized to be appropriate to norn�al residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, deit�and, lawsuit or other action <br />by any governmental c�r rcgulatory agency or private party involving the Property and any Hazardous Substance or <br />Environinental �,aw of which Borrower has actual knowledge. if Borrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other reznediation of any Hazardous Substa�tces affccting the Property is <br />necessary, Borrower shall promptly takc all necessary reinedial 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 F,nvironmental Law and the following substances: gasoline, kerosene, other t7ammablc 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 of the <br />jurisdiction where thE Property is located that relate to health, safety or environmental protection. <br />NON-LINIFORM C�VENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignnient of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorites Lendcr or Lender's agents to collect thc rcnts and revenues and hereby dirccts <br />each tenant of the I'roperty to 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 agreement in the Security Instrument, Borr��wer shall collcct and <br />receive all rents and revenues of the Property as trustee for the benefit of Lendcr and Borrower. This assignment of <br />rents canstitutes an absolute assig►unent a��d not an assignment for additional security only. <br />If Lender gives notice of brcach 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 bc <br />entitled to collect and receive all of lhe rents of the Property; and (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender's agenl on Lendcr's written demand to the tenant. <br />Borrower has not executed any prior �.�ssignment of the rents and has not and will not perform any act that would <br />prevent Lender from cxercising its rights under tliis paragraph 17. <br />Lender shall not be required to enter upon, take c�ntrol of or maintain the Property before or after giving notice <br />af breach to Borrower. However, Lender or a judicially appointcd receiver may do sa at any time there is a breach. <br />Any application of rents shall not curc or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall terarinate when the debt secured by lhe Security Instrument is paid in full. <br />FHA �eed of Trust-NE 4/96 <br />VMP �y � VMP4RINE) (0809) <br />Wolters Kluwer Financial Services l c� P�ga 6 of 9 <br />,. � R ` � � xa 'd� i. �; <br />
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