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201008914
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201008914
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Last modified
1/11/2011 2:17:54 PM
Creation date
11/30/2010 4:07:45 PM
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DEEDS
Inst Number
201008914
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201008914 <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be givcn by delivcring it or <br />by mailing it by first class mail unless applicable law requires use af another method. The notice shall be directed to <br />the Property Address or any other address Borrowcr designates by notice to t.ender. Any notice to Lender shall b� <br />given by first class mai] to Lender's address stated herein or any address Lender designates by notice ta Borrower. <br />Any natice provided for in this Security Instrument shall be deerned to have been given to Borrower or T.ender when <br />given as provided in this p�ragraph. <br />14. Gaverning Law; Severability. This Security Instrument shall be governed by Federal ]aw and the law or <br />tha jurisdiction in which thc Prnparty 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 othcr provisions of this Security Instrument or <br />the Note which can he given effect withaut the conflicting provision. To this end thc provisions of this Security <br />Instrument and tha Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be �iven ane conforrned copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause ar permit the presence, use, disposal, storagc, or release <br />of' any Hazardous Suhstances on or in the Property. Borrower shall not do, nar allow anyane else to do, anything <br />affecting the Property that is in violation of any Enviranmental Law. The preceding two sentences shall not apply ta <br />the prescnce, use, or storage an the Property of smal] quantities of Hazardous Substances that are generally <br />recagnized to be appropriate ta normal r�sidential uses and ta maintcnance of the Property. <br />Borrower shall promptly give Gender written notice of any investigation, claim, demand, lawsuit or other action <br />by any �overnmental ar regulatory agency or private party involvin�; the Property and any Hazardous Substance or <br />Enviranmental Law of which Borrower has actual knnwladge. If Borrower learns, or is notified by any governmental <br />or regulatary autharity, that any remava] or other remediation of� any Hazardous Substances affectin� the Property is <br />necessary, F3arrower shall pramptly take all necessary rcmcdial actions in accordance with Environmental Gaw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental �,aw and the following substances: gasoline, kerosene, other flammable ar toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestas or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws af the <br />jurisdiction where the Praperty is located that relate to health, safeiy or environmental protcction. <br />NON-IINIFURM COVENANTS. Borrower and I�ender further covenant and a�ree as fvllows: <br />17. Assignment af Rents. Borrower uncanditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower autharizes Lender or L.ender's agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender ar C�ender's agents. However, prior ta Lender's notice to <br />Sorrower o#� Borrower's breach af any covenant or agreement in the Security instrument, f3orrower shall callect and <br />receive all rents and revenucs of the Praperty as trustee for the benefit of Lender and Horrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additiona] security anly. <br />If Lender gives notice of breach to Borrow�r: (a) all rents received by Borrower shall be held by f3orrower as <br />trustee for benefit of Lender only, tp be applied to the sums secured by the Security Instrument; (b) I.ender shall bc <br />entitled to collect and receive all of the rents of thc Property; and (c) each tenant of the Properry shall pay all rents <br />due and unpaid to Lendar or Lender' s agent on Lender' s written demand to the tenant. <br />Borrower has not executed any prior assignment of the rent5 and has not and will not perform any act that would <br />prevent Lender fram exercising its rights undcr this paragraph 17. <br />Lender shall not be required to enter upan, take control of or maintain the Property before ar after giving notice <br />of breach to Barrower. However, Lender or a judicially appointed receiver may do sa at any time there is a breach. <br />Any application of rents shall not cure ar waive any default or invalidate any other right ar remedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />1351015924 � <br />inui <br />�-4N(NE) �oaor� Paoe s or a <br />� <br />
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