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201009533
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Last modified
12/21/2010 3:20:02 PM
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12/21/2010 3:20:02 PM
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DEEDS
Inst Number
201009533
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241009533 <br />13. Notices. Any notice to Bonower provided for in khis Security Instrument shall be given by dc;livering it or <br />by mailing it by first class rnail unless applicable law requires use af anuth�r melhnd. The notice shall be directed tc� <br />the Property Address or any other address Borrower designates by natic� lo Lendcr. Any notice to L.ender sha11 bc <br />given by first class mail to L.ender's address stated herein or any address Lr:nder designates by notice to Borrawer. <br />Any notice provided for in this 5ecurity Instrument shall be deemed tp have been given to Borrower or Lend�r when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Tnstrument shall b� governed by Federal law and the law of <br />the jurisdiction in which the Property is lncated. In the event thak any pxUVision or clause of this Security Instrumcnt <br />or the Note cont]icts with applicable law, such canflict shall not affect other prc�visiUn.s of this Security Instrument ar <br />the Note which can be given effect without thc conllicting provision. To this end th� provisions of this Secur'rty <br />Tnstrument and th� Note are declared to be severable. <br />15. Borrower's Copy, Bprrower shall be given one confprmed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Bartawer shall not cause or permit th� pr�s�nc�., use, disposal, storage, or r�lcase <br />of any Hazardous Substances on or in tt�� Property. Borrower shall not dp, nor allow anyone else to do, anylhing <br />affecting the Property that is in violatian af any Environmental Law. The prsceding two sentences shall not apply to <br />th� presence, use, or storage on the Prap�r[y of small quantities of Hazardaus Substances that are g�nerally <br />recognized to be appropriate to normal residential uses and to maintenance of th� Pmperty. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or oth�r action <br />by any gpveriunental or regulatory agency or private party involvin$ the Property and any Hazardous Substance c�r <br />Environmental I,aw of which Borrower has actual knowledge. If Borrower learns, or is notified by any governrnental <br />or regulatory autharily, that any removal or other remediatian af any Hazardous Substances affeGting the T'roperty is <br />necessary, Borrower shall pramptly take all necessary remedial actions in accordance with Enviranmental T.aw. <br />As used in this paragraph 16, "Haaardous Substances" are those substances defined as taxic or hazardous <br />substances by Environmental I,aw and the following substanccs: gasoline, kerosene, other flammable or toxic <br />petroleum products, taxic pesticides and herbicides, volatile salvents, materials containing asbestos ar formaldehyde, <br />and radioactive mat�rials. As used in this paragraph 16, "�nvirr�nmental T.aw" means federal laws and laws of the <br />jurisdiction where the Prnperty is lc�cated that relate to health, safety c�r environmental protection. <br />NON-UNIFORIvT COVENANTS. Boarrower and Lender further covenant and agr�:e as follows: <br />17. Assignment of Rents. Borrower uncqnditionally assigns and transfer� ta I,�nder all the rents and revenues <br />of th� Property. Borrower authorizes Lender car I,cnder's agents to collect th� rents and revenues and hereby dirc:cts <br />each t�nant of the Property to pay the rents to I.ender or T.ender's agents. However, prior to L.ender's n�ticc to <br />Borrpwer of Borrower's breach of any covenanC or agreement in the Security Instrument, Sorrower shall coll�ct and <br />receiv� all rents and revenues of the Praperty as trustee for the benefit af LEnder and Borrower. 11zis assignmenl of <br />rents constitutes an absolute assignment and np[ an assignment for additional s�curify only. <br />If Lender gives notice of breach to $orrpw�r: (a) all rents received by Borrower shall be held by �pnrower as <br />trustee fpr benefit of T.ender only, to be applied to the sums secured by the Security Instrument; (b) Lender ahall be <br />entitled kc� collect and receive all of the rents of th� Property; and (c) each C�nant cif the Property shall pay all rents <br />due and unpaid to I,ender or Lender's agent on L,ender's written demand to the keraant. <br />Borrower has nok executed any prior assignment of the rents and has not and will nc�t perform any act that wc�uld <br />prevent Lender from �x�rcising its rights under this paragraph 17. <br />Lender shall nal be rcyuircd to enter upon, take control of or maintain the Prap�rty before or after giving nulice <br />of breach to Borrower. Hawever, Lc.nder 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 T.ender. This <br />assignment of rents of the Property shall terminate when the debt se�ured by the Security Insttvment is paid in full. <br />��4R�NE) �aeoi 1 <br />Px9e 6 af 8 <br />Initials:�� <br />
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