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201009497
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Last modified
12/20/2010 4:53:00 PM
Creation date
12/20/2010 4:34:17 PM
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DEEDS
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201009497
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� <br />201Q0949� <br />l3. Notices. Any notice to Borrower provided for in this Security lnstrument shall be �iven by delivering it or <br />by mailing it by first class mail unless applicable law requires use af another methad. The notice shall be directed to <br />the Property Address or any ather address Bonrower designates by natice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein ar 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 Barrawer or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instruxnent 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 Security Instrument <br />or the Npte conflicts with applicable 1aw, such conflact sha11 not affect other provisions of tlais Security Instrument or <br />the Note which can be given effect without the conflicting provision. �'o thia end the provisi�na of this Security <br />lnstrument and the Nate are declared to be severable. <br />1S. Borrower's Copy. Borrower shall be given qne conformed copy of the Note and of this Security <br />Instrument. <br />l6. Hazardous Substanees. Borrawer shall not cause �r permit the presence, use, disposal, storage, or release <br />of any Hazardous Snbstances on or in the Prpperty. Borrowez shal] not do, nor allow anyone else to do, anything <br />affecting the Properiy that is in violation of any Environmenta] Law. The preceding twa sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential use� 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 re�ulatory agency or private parcy involving the Property and any Hazardous Substance ar <br />Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous 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 Substancns" are those substances defined as taxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental T..aw" means federal laws and laws of the <br />jurisdiction where the Property is located that relate tn health, saFety or environmental protection. <br />NON-LTNIFORM COVENANTS. Borrower and Lender further covenant and agree as fallows: <br />17. Assignment of Rents. Borrower unconditianally assigns and transfers to Lender a11 the rents and revenues <br />of the Praperty. Borrower autk►orizes Lender or Lender's agants 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, priar to Lender's notice to <br />Borrower of Borrower's breach af any covenant or agreernent in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of <br />rents constitutes an absqlute 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, tp be applied to the surns secured by the Securiry Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents of the Prpperty; 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 />Sorrower has not executed any prior assignrnent of the rents and has nat and will nat perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />I,ender shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach ta Sorrower. However, Lender or a judicially appoint�d receiver may do so at any time there i� 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 Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />0451019798 <br />4/96 <br />VMp �ed of 7rust-NE , ��VMP4R(N� (0809) <br />Wolters Kluw ar Financial Services Page 6 of 9 <br />
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