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20100914G 13. Notices. Any notice to Borrower provided for in this S�curity Instrument shall be given by delivering it or by mailing it by �rst class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by �rst class mail to L.ender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deerned to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federa] law and the law af the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instruznent or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrurnent or the Note which can be given effect without the conflicting provision. To this end the provisians of this Security Instrument and the Note are declazed to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and af this 5ecurity Instrument. 16. Hazardouis Substances. Borrower shall not cause or permit the presence, use, disposal, storage, ar release of any Hazardous Substances on or in the Property. Borrower sha11 not do, nor allow anyone else to do, anything affecting the Praperty that is in violation of any Environmental I,aw. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal resid�ntial uses and to maintenance of the Property. Barrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other acCion by any gavernmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental I,aw of which Borrower has actual knowledge. If Sorrower learns, or is notified by any governrnental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviranmental Law. As used in this paragraph 16, "Hazardous Substances" are thase substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive rnaterials. As used in this paragraph lb, "Environmental Law" means federal laws and laws of the jurisdiction wher� the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and T.ender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any cavenant or agreement in the SecuriCy Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of xents constitutes an absolute assignrnent and not an assignment for additional security anly. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee far benefit of Lender only, to be applied to the sums securcd by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpadd to L.ender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perfarm any act that would prevent Lender frorn exercising its rights under this paragraph 17. Lender shall not be required to enter upon, taks contral of or maintain the Property before ar after giving notice of breach to Bprrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or rernedy of Lender. This assignment of rents of the Property shall terminat� when the debt secured by the Security Instrument is paid in full, FMA Deed of T�ust-NE VMP � Wolters Kluwer Financial Servicas � l � A/98 VMP4RINE) (0809) Page 8 af 9 �� . i � : j ' � a, , .