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201009287
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Last modified
12/13/2010 4:50:12 PM
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12/13/2010 4:50:12 PM
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DEEDS
Inst Number
201009287
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20100928i <br />13. Noticss. 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 reyuires use of another method. The notice shall be directed ta <br />the Property Address or any other address Borrower designates by nocice to Lender. Any notice to Lender shall be <br />given by first 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 Instrument shall be deemed to have been given to Borrower or Lender when <br />given as provided ln this paragraph. <br />14. Governing Law; Saverability. This Security 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 Securlty 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 pravisian. To this end the provisions of this 5ecurity <br />Instrument and the Note are declared to be severable. <br />15. Sorrower's Copy. Borrower shall be given one conformed capy 4f the Note and of this Security <br />Instrument. <br />16. Hazardous Subatancea. 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, nar allow anyone else to da, anything <br />affecting the Property that is in violation of any �nvironmental Law. The preceding two sentences shall not apply to <br />the presence, use, or storage on th� Property of small quantities of Hazardous Suhstances 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 nvtice nf any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Froperty and any Hazardous Substance or <br />Environmental �,aw of which Borrower has actual knpwledge. If Barrower learns, or is notified by any governmental <br />ar regulatory authority, that any removal or other remediation of any Hazardpus Substances affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environrnental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic nr hazardous <br />substances by Environrnental Law and the following substances: gasoline, kerosene, ather flammable pr tnxic <br />petroleum products, toxic pesticides and herbicides, vqlatile salvents, 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-UNIFQRM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Barrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to I.ender's notice to <br />Borrower of Borrawer's breach of any covenant or agreement in the 3ecurity Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the beneflt of Lender and Borrower. This assignment of <br />rents constituces an absolute assignment and not an assignment for additional security only. <br />If 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 Instcument; (b) I.ender 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 Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and will nat perfarm any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />�,ender shall not be required to enter upon, take cantrol of or maintain the Praperty before or after givin� notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shall npt cure nr waive any default or invalidate any other right or remedy nf Lender. This <br />assignment of rents of khe Prnperty shall terminate when the debt secured by the Security Instrument is paid in full, <br />V-4N(NE) (oao�).o� Page 8 of 8 <br />� N� <br />��•� �� <br />
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