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201100195
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1/11/2011 2:25:36 PM
Creation date
1/11/2011 1:11:38 PM
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DEEDS
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201100195
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2DiiQ0��5 <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliverin�; it or <br />by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to <br />the Property Aadress or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail tc� [,ender's ad�lress state�i herc:in or any address Lender designates by notice to �3orrower. <br />Any notice proviaed for in this Security Instrument shall be deemed to have heen given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governea by Federal law and thc law of <br />lhe jurisdiclion in which the Property is located. ln the event that any provision or clause of this Security Inslrument. <br />or the Note contlicts wit.h applicable law, such contlict shall not affect other provisions of this Security Inslrument or <br />the Note which can be given eff�et without the contlicting provision. To this end the provisions of this Sccurity <br />InsCrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrow�r shall not cause or permit the presence, use, disposal, storage, or relcase <br />of any Hazardous Substances i�n. or in the Property. $orrower shall not do, nor allow anyone el5e to do, anything <br />affecting the Property 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 normal residential uses and to maintenanc�: 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 regulatory ag�ncy or private party involving the Property and any Hazardou� Substance or <br />Environmental I,aw of which Borrower has actual knowled�;e. If $orrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental I,aw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances detined as toxic or hazardous <br />supstances by F.,nvironmental Law and the following substances: gasoline, kerosene, other flammable or loxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive ma�erials. As uscd in this paragraph 16, "Envirnnmental Law" means fcderal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety nr environmental prot�etion. <br />NON-IJNIFORM COVrNANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment af Rents. Borrower unconditionally assigns and transfers to Lender al) the rents and revenues <br />of the Property. Borrower authorizes I.ender or Lender's agents to collect the rents and revenues ancJ hereby dirccts <br />each tenant of the Property to pay the rents to Lender or Lend�r's agents. However, prior to Lender's notice to <br />$orrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for thc bcnetit of Lender and Borrower. This assignrnent of <br />rents constitutes an absolute assignment and not an assignmenl for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents rec;eived by Borrower shall be held by Borrower as <br />trustce for benefit of Lendcr only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents of th� Property; 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 />$orrowcr has not executed any prior assignment of the rents and has not and will not perform any acl lhat would <br />prevent I.,ender fr�m exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to F3orrower. ��Towever, Lender 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 dcfault or invalidate any other right or remedy of I,ender. This <br />assignment of rents of the Froperty shall terminate when the debt secured by the Security Instrument is paid in full. <br />�-4N�NE) 104D71 Page 6 ot 8 <br />� <br />'�, i 0r,,11-000204 <br />�nicia�5:�_ <br />
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