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201�09338 <br />13. Notic�es. Any notice to Barcower provided for ia this S�curity Instrument shall be given by delivering it or <br />by mailing it by first clasa ma�1 unless applicable law x�equi�s use of anatl�cr tnethod. The notice shall be directed to <br />the Prop�rty Address or any other addresa Borrower designates by notice to Lender. Any n�tice to L.en.der shall be <br />given by �irst class mail to I.,end�r's addresa stated herein or any address Lendar designates by notice to Borrower. <br />Any notice pmvided for in this Sccurity Ipstniment shall be deemed to have been given to Borrower ar Lender when <br />given as provided in tlus paragraph. <br />14. Governing Law; SeverabiUty. This Security Instrument shall be governcd by Pederal law and the law of <br />the jurisdiction i�n which the Property is lacated. In the event that any provision ox clause of tlus Security Insirument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Se�urity Instrument or <br />the Note which can bc given effect without the canflicting provision. To this end the p�rovisions of this Security <br />Instrument and the Notc are declared ta be severable. <br />is. Sorrower's Copy. Borrower shall be givcn one confor�x►ed copy of the Note and of this Security <br />Instrument. <br />16. �iazardous� Substances. Borrower shall not cause or permit the presence. use, disposal, storage, or release <br />of any Hazardous Substances on ar in th,c Property. Bonower shall not da, nor allow aayone elsa to do, anything <br />affecting the Property that is in vialatian of any Environmental Law. '�'he preceding two sentences sha11 not apply to <br />the presence, use� or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized ta be apprnpriatc to norm�al residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory a$ency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual �owledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority� that any removal or othcr reracdiation af any Hazardous S�bstances affecting the Property is <br />necessary, Borrower shall pmmptly take all necessary remedial actions in accordance with Enviranmental Law. <br />As used in this paragraph 16, "Hazardous Substanc@s" are those substances defined as toxic or hazardaus <br />substances by Environmental Law aud the following substances: gasoliuue, kerosene, other flammable ar toxic <br />petmleum products, touc pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. Aa 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-UNII�ORM COVENANTS. Borrower and Lender further covcnant and agree as fallows: <br />17. Adssignment of Renta. Borrower unconditionally assigns a�nd trausfers tv Lender all the rents and reveaues <br />of the Property. Borrawer authorizes L.ender or I.ex►der's agents to callect the rents and revenues and hereby directs <br />each tenant of the Property to pay the rents W Lender or Lender's agents. However, prior to Lender's notice ta <br />Bormwer of Borrower'a breach of any covenant or agreement in the Security Instnunent, Bo;rrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of L,endcr and Borrowcr. This assignment of <br />rents consritutes au absalute asaignment an�t not an assignment for �dditional security only. <br />If Lender gives natice of brcach to Borrower: (a) all rents received by BorrovNer shall be h�ld by Borrower as <br />trustee for beaefit of L�ender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all af ttte rents �f the Property; and (c) each tenant of the Properry shall pay all rents <br />due and unpaid to I.ender or L,ender's agent on Lender's written demand to the tenant. <br />Barrower haa nat executod any prior assignment af the rents and has not and will nat perform any act that wauld <br />prevent I�ndcc from exercising its rights under this paragraph 17. <br />Lender shall not be required to �nter upon, take cantrol of or maintain the Property beforc or after giving notice <br />of breach to Borrower. However, Lander or a judicially appointed receiver may do sa at any time therc is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or reme�ty of Lender. 'Y"his <br />assignment of rents of the Properry shall tern�e when the debt secured by the Security Instrument is paid in full. <br />FMA Pead of Tnut-NE 4/98 <br />VMP � VMP4R(NEI (080D) <br />Woltara KIuWN FlrwwlN Sa►vias PepB 8 af 9 <br />