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201009453
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12/20/2010 9:07:43 AM
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12/20/2010 9:07:43 AM
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DEEDS
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201009453
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201009453 <br />Borrower shall promptly give Lender writtcn notice of any invcstigation, claim, demand, lawsuit or other action by arry <br />govcrnmental or regulalory ��gency orprivate party involvi ng the Properly and any Hazardous Substance or �nvrronmental <br />Law of which $nrrower h�s actual knowledgc. If Borrower learns, or is notified by any governmcnCal or regulatory <br />aulhority, that any rcmoval or other reme�iiation of any Hazardous 5ubstances affecting the Properly is necessary, Borrower <br />tihall �romptly takc all necessary remedial aciions in �ccordance �vilh Environmental Law. <br />As used in lhis Paragraph 16, "IIazardous Substances" arc lhose substances dcrncd as toxic or ha?ardous substanccs by <br />F,nvironmcntal Law and thc following substances: gasoline, kerosene, othcr Ilammable or toxic petroleum producls, tox'rc <br />pesticidcs and herbicidcs, volatile solvents, materials containing asbeslos or formaldehyde, anc� radioaciivc materials. As <br />uscd in this Paragraph 1G, "Environmental Law" means federal laws and l�ws of t}te jurisdiciion where the Property is <br />located that relate lo health, safety or c;nvironmental protection. <br />NUN-iTNIF(�RM CUVENANTS. 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 of the <br />Propetiy. Borrower authori2cs Lender or Lender's agenCs to collect 1hc rents and revenues and hercby directs each tenant <br />at�thc Property to pay thc renls to Lende.r or Lendc;r's agents. Howevcr, prior to Lender's nnticv to Borrower of Borrower's <br />breach of any covenanl or agreement in the Security Instrument, Borrower shall collect and re:ccivc all rents and revenues <br />of thc Property as trutitcc for the benetit of Lendcr and Borrower. '1'his assignment of rents constilutes an absolute <br />assignment and not an assignment fnr additional security only. <br />If Lender givcs notice of breach to Borrower: (a) all renCs received by $orrowcr shall be held hy Borrowcr as trustee for <br />benefit oFLender only, to be applied to the sums securcd by the Security Instrument; (b) Lender shall bc cnlitled to collect <br />and receivc all of the rents of thc Property; and (c) each lcnant of the Properly shall pay all rents due and unpaid to Lender <br />or Lender's agent on Lendcr's written demand to the lcnant. <br />Borrower �as not executed any prior assignment of the rents and has not and will not perform any act that would prevcnt <br />Lc;nder from exercising its rights under this Paragraph 17. <br />Lendex shall not be required to cntcr upon, take control of or maintain lhc Property before nr after giving notice of breach <br />to Borrpwer. However, Lendcr or a judicially appointcd receiver .may do so at any time there .is a brcach. Any application <br />of rentti shall not cure or waive any default or invaliclatc any other right or rcmedy of Lender. This assignmcnt of rent�5 <br />of the Praperty shall terminate when the debt secured by the Security Tnstrument is paid in #'ull. <br />18. Foreclosure Procedure. If Lender rcquires immediutc payment in fu11 undcr Paragraph 9, Lender may <br />invoke the power nf s�le and any other rcmcdies permitted by applicable law. Lender shall be entitled ta <br />coNlect all expenses incurred in pursuing the remedies wider this Paragraph 18, including, but not limited <br />to, reasonablc attorneys' fees und costs of' title evidcnce. <br />�f thc power of sulc is invoked, Trustcc shall record a notice of default in each cuunty in which any purt of' <br />thc Property is lucuted and shall tnail copies of such notice in the munner prescribed by applics�blc luw ta <br />Sorrower and to the other persons prescribed by applicahle l�w. After the time required by applicable law, <br />Trustee shall give public notice of sale to the persons and in thc manner prescribed by upplicable law. <br />Trustee, withuut demand on $arr�wer, shall sell #hc Property at public auction to the highest bidder at the <br />time and place und under the ternns dcsignated in thc notice of sale in onc or more parcels und in any ordcr <br />Trustee determincs. Trustee m�y postpone sale of all or any parcel of' thc Property by public announcement <br />at the time and place of uny previously schedulcd sale. Lendcr or its designee muy purchase the Property <br />at any sule. <br />lf the Lendcr's interest in this �ccurity instrumcnt is held hy the Sccretary and the Secretary requires <br />immediate payment in full under Paragraph 9, the Secretury may invoke the nonjudicial power of sale <br />�rovided in the Single Family M�rtguge Foreclosure Act of 1994 ("Act") (12 U.5.C. 3751 et seq.) by rcqucstin� <br />u fureclosurc commissioner dcsignated under the Act to comntencc fureclosure and to sell thc Property as <br />HCFG-00703 <br />FHA �eed of Trust-N� <br />VMP� <br />Wolters Kluwer Financial Services <br />201012153.5,0.0.400220100630Y <br />Revised 4/96 <br />Page 6 of 7 <br />'6 55 0 17' <br />
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