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201009350 <br />13. Notices. Any notice to Bc�rrow�r pravided for in this Security Tnstrument shall be given by delivering it or <br />by mailing it by first class mail unl�:ss applicable law requires use of another method. The natic� shall be directed to <br />the Properfy Address ar any other address Borrower de:signates by notice to Lender. Any notice to Lender shall b� <br />giv�n by first class rnail to Lender's address stat�d herein ar any address Lender designates by naticc: W�orrawer. <br />Any nUlic� provided for in this Security Instrumcnt shall be deemed to have been given to Borrower c�r I,cnd�:r whcn <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be g�verned by Federal law and the law of <br />the jurisdiction in which the Property is located. In the evc;nt that any pr�visian or clause of this Security Tnstrument <br />ar lh� Note conflicts with applicable law, such conf7ict shall not affect other provisions of this Security Tnstrument or <br />the Note which can be given effect without the conflicting provisi�n. T� this end the provisions of this Security <br />Instrument and the Note are de:clared ta be severable. <br />15. Borrower's Copy. Borrower shall hc giv�n ane conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall nat cause or permit the presence, use, disposal, storage, or release <br />of any FIazardous Substances on or in the Property. Borrawer shall not da, nar allow anyone else to do, anything <br />affecting the Property that is in vi�latian Uf any Environrnental Law. The preceding two sentences shall not apply ta <br />the presence, use, or storage on [he Propsrty of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Prap�rty. <br />13orrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governrnental c►r regulatory agency or private party invc�lving the Praperty and any Hazardous Substance or <br />�nvironmcn�al Law �f which Borrower has actual kn�wledge. If Borrowur learns, or is notified by any governrnental <br />or regulatory autharity, that any removal or other remediation of any Hazardaus Substances affecting the Yroperty is <br />necessary, Burrower shall proinptly take all necessary remedial acCicrns in acc:Urdance with Environrnental Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic ��r hazardaus <br />substances by Envirunmental Law and the following substances: gasoline, kerosene, oth�r f]ammable ar taxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radiaactive materials. As used in this paragraph 16, "Environmental Law" m�ans federal lar�vs and laws af kh� <br />jurisdiclion where the Pr�perty is located that relate to health, safety or environmcnlal prratcction. <br />NON-UNIFORM COVENANTS. Borrower and I.,endcr further cov�nant and agree as follows: <br />17. A,ssignment of Rents. Borrower unconditionally assigns and transfers to I.,cnder all the rents and revenues <br />of the Property. Borrower authoriacs I.ender or I,�nder's ag�nts tu callect LhC rents and revenues and hereby directs <br />each tenant of the Property to pay the rents to Lendc:r or Lender's a�enls. Ilawever, prior to L,ender's natice to <br />Borrower of 13onower's breach of any covenant ar agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenucs of lh� Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assigxunent for additional security only. <br />If I,end�r gives notice of breach to Borrower: (a) all rents received by Borrower shall bc hcld by Sarrower as <br />trustec tor benefit of I,ender only, to be applied to the sums secured by the Security Instrumen[; (b) Lender shall be <br />�:ntitl�d t�� collect and receive all of We rents of the Property; and (c) each tenanl of lhe Prc'�p�r[y shall pay all rents <br />due and unpaid ta I.e:nd�r or Lender's agent on L.ender's written demand to the tenant. <br />Borrower has nc�t e xccuted any prior assignment of the rents and has not and will not perform any act that would <br />prevent T.ender frc�m excrcising its rights under this paragraph 17. <br />Lender shall not bC required ta enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, I,ender or a judicially appointed receiver may do so at any time there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Properly shall lerminatc when Lhc dcbl secured by lhe Sccurity Ins[rument is paid in Full. <br />Q �j'Q�4RINE) isea� Paqa B of 8 Initials:�!� �" <br />