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201009529
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Last modified
1/11/2011 2:35:07 PM
Creation date
12/21/2010 3:19:19 PM
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DEEDS
Inst Number
201009529
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20100952� <br />13. Natices. Any notice to �3orrower provided f'or in this 5ecurity Instrument shall be given by dclivering it or <br />by mailing it by first cla,ss mail unless applicable law requires use of another method. The notice shall be directed ta <br />the Fraperty Address or any other address Borrower designates by notice to [,ender, Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender d�signates by notice t� Barrower. <br />Any notice provided far in this Security Instrument shall be dcemed to have been given to Sorrower or C,ender when <br />given as pravided in this paragraph. <br />14. Governing L,aw; Severability. This Security Instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Property is lacated. In the event chat any provisian or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect ather provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared ta be severable. <br />15. 8orrower's Copy. Borrower shall be given one conformed capy af the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not causc or p�rmit the presence, usc, disposal, storage, or release <br />of any Hazardvus Substances an or in the Property. Borrower shall not do, nor allow anyane clsc to do, anything <br />affecting the Property that is in violation of any Enviranmental Law. 'The preceding two sentences shall not apply ta <br />the presence, use, or storage on the Property of small quantities af Hazardous Su6stances that are generally <br />recognized to bc appropriate to normal rasidential uses and to maintenance of the Praperty. <br />Borrower shall pramptly give C.ender written notice of any investigatian, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party invalving the Property and any 1-�azardous Substance ar <br />Environmental Law of which Borrawer has actual knawledge. If Borrower learns, or is notified by any governmental <br />or regulatory autharity, that any remaval or other remediatian of any Hazardous Substances affecting the Property is <br />necessary, Borrower shall pramptly take all necessary remedial actions in accordance with Environmental L,aw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petrolcum products, toxic pesticides and herbicides, volatile solvents, matcrials containing asbestos or forrnaldehyde, <br />and radiaactive materials. As used in this paragraph 16, "Environmental I.aw" maans federal laws and laws of che <br />jarisdiction where the Praperty is located that relate to health, safety ar environmental protection. <br />NON-UNIFORM COVENANTS. 13orrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers ta Lcnder all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agenis to callect the rents and revenues and hereby directs <br />each tenant af the Property to pay thc rents to Lender or Lender's agents. Howevcr, prior to Lender's notice to <br />Borrawer of Borrower's breach of any covenant ar agreement in the Security (nstrument, Barrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of I.ender and Borrower. This assignmenl of <br />rents canstitutes an absalute assignment and not an assignment for additional security anly. <br />If Lender gives nvtice of breach to Bprrower: (a) al] rents received by Borrower shall be held by Barrower as <br />trustee for bene�t of Lender anly, to be applied to thc sums secured by the Security Instrument; (b) Lender 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 ta Lcnder or I,ender's agent on Lender's written demand ta the tenant. <br />Borrowcr has not executed any prior assignment of the rents and has not and will nnt perform any act that would <br />prevent �.endcr from exercising its rights under this paragraph 17. <br />Lender shall nat be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Sorrower. Hawever, Lender or a judicially appointed receiver may do so at any time there is a brcach. <br />Any application of rents shall not cure or waive any deFault or invalidate any other right ar remedy of C,ender. This <br />assignment of rcnts of the Aroperty shall terminate when the debt secured by the Security Inscrument is paid in full. <br />1351Q16795 /'� <br />In4lals�� � • r.. /• � � <br />VMP�'-4N�NE��oaor�oi Paga6oi8 �� <br />
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