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201009798
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Last modified
12/29/2010 4:19:36 PM
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12/29/2010 4:19:35 PM
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DEEDS
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201009798
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2 U�VU� r 1.70 <br />13. Notices. Any notice td Borrower prpvided far in thrs Securrty Tnstrument shall be given by delivering it or <br />by mailing it by first class rnail unless applicable law requires use of anather method. The notice sk►all be dire�ted tp <br />the Property Address or any ather address Borrower designates by notice ta Lender. Any notice to Lender' shall be <br />given by first class ma►1 to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Inshvment shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragz'aph. <br />l4. Governing Law; Severability. This Security Instrument shall be governed by Fedcral law and the law of <br />the jurisdiction rn which the Property is located. In the event that any provision or clause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instcument ar <br />the Note which can be given affect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declarad to be severable. <br />15. Borrower's Copy. Sorrawer shall be given one conformed copy of the Note at►d of this Security <br />lnstrument. <br />16. Hazardnus Substances. Borrower shall not cause or pennit th� presence, use, disposal, storage, or release <br />of any Hazardous Substances on ar in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Praperty that is in violation of any Environmental Law. The preceding two 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 nornaal residential uses and to mair►tet�at►ce af the Property. <br />Borrower shall promptly give Lender written natice of any investigation, claim, demand, lawsuit or other action <br />by any governm�ntal or regulatory agen�cy or private pariy involving the Properiy and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Sorrower learns, or is natifi� by any governmental <br />or regulatory authority, that any rernoval or other rernediation af any Hazardous Substances affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actrons in accordance with Environmental Law. <br />As used i►t thrs paragraph 16, "Hazardous Substances" are those substances defined as toxrc or hazardous <br />substances by Environmental Law and the following substances: ga.solina, kerosene, other flammable or toxic <br />petroleum products, toxrc pesticides and herbicides, volatile solvents, materials containing asbestos or foz�naldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Froperty is located that relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as fallows: <br />17. Assignment of Rents. Barrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property_ Borrower author`izes Lender or Lender's agents to collect the rents and ravenues and hereby d�rects <br />each tenant of the Property to pay the rents to Lender or Lender' s agents. However, prior to Lender' s notice to <br />Borrower of Borrower's breach of any covenant or agreement in the 5ecurity Instrument, Borrower shall collect and <br />receive all rents and revenaes of the Property as trustee for the benefit of Lemder and Borrower. This assignment of <br />rents constitutes an absolute 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, to be applied to the sums se�ure�i by the Security Instrument; (b) �.ender shall be <br />entitled to collect and receive all of the rents o.f the Froperty; aa�d (c) each tenant of the Property shall pay all rents <br />due and unpaid to Lender or Len.der' s agent on Lender' s writter� dernand to the tenant. <br />Borrower has not executed any prior assignment of the rents and k�as not and will nat perform any act that would <br />pravent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to ertter upon, take control of or maintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver rnay do so at any time there is a breach. <br />Any applicatian of rents shall not cure or waive any default or invalidate any other rrght or remedy of Lender. This <br />assignrnent of rents of the Property shall terminate when the debt secured by the Security Inshvrnent is paid in full. <br />2200097304 D V4NNE <br />�nwe�s:�_ <br />VMP�)�N(NE)1o4o7�.ot Page e of e <br />1-(_��1�. C. <br />
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