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201100302
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1/18/2011 1:32:34 PM
Creation date
1/18/2011 1:32:33 PM
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DEEDS
Inst Number
201100302
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�oiioo3o� <br />13. Noticcs. Any noticc to Barrqwcr providcd for in this Security Instrument shall be given by delivering iC or <br />by mailing it by first class mail unit;ss applic:able law requires use of another method. The notice shall be directed tc� <br />lhc Properly Address or any other addr�ss 13c�rrc�wer designates by notice to Lender. Any notice to Lender shall be <br />given by firsl class mail to Lender's address stated herein or any address Lender designates by notice to Bc�rrc>wGr. <br />Any notice. pravid�d fpr in this Security Instrumcnt shall bc deemed to have been given to Borrower or Lender whc:n <br />given as pravided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by �ederal law and the law of <br />the jurisdiction in which the Property is located. In the e;venl lhal any �rovision or clause of this Security Instrurnent <br />or the Note conflicts with applicable law, such conflict shall not affect olher provisions of this Security lnstrument nr <br />the Note which can be given effect witlxout the conflicting pr�vision. "I"o this end the provisions of this SecuriCy <br />Instrument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conforrned copy c�f thc Notc and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or perrnit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower yhali nc�t do, nor allow anyone else to do, anything <br />affecting the Property that is in violation of any �nvironmental Law. Th� pr�ccdin� two sentences shall not apply to <br />lhe presence, use, or storage on khe I'roperty of small quantities of IIauardous Substances that are generally <br />rccognized to bc appropria[e tc� normal residential uses and to maintenance af the Prape:rly. <br />T3orrower shall prompkly give I.ender written notice of any investigation, claim, dGmand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Pr��periy and any IIazardous Substaiice or <br />�:nvironmental T.aw of which I3orrower has actual knowledge. If Borrower l�arns, ar is ncriificd by any govermnental <br />or regulatory authority, that any removal or other rernediation of any I SubsLances affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actians in accordance with Environmental Law. <br />As used in this paragraph 16, "Hazardous Substances" ar�: lhc�se substances defined as toxic or hazardous <br />subslances by I:nvironmental T.aw and the following substances: gasaline, kerosene, other flamniable or toxic <br />pekroleum produc:ts, toxic �esticides and herbicides, volatile solvents, matcrial5 cc>nlaining asbestos or formaldehyde, <br />and radioactive malerials. As used in this paragraph 16, "Environmental I.�tw" mcans federal laws and laws of the <br />jurisdiction whare lhe Pro�arly is located that relate to health, safety or envirc�nmental protection. <br />N(aN-i7NIPORM CnV�:NANTS. Borrower and L.ender further covenanC and a�reG as follows: <br />17. A,ssignment of Renks. Borrower unconditionally assigr� and transfers to Lender all the rents and revenucs <br />pf the Property. k�orrower authorizes Lender or �,ender's agents ta coll�ct thc renls and revenues and hereby dicects <br />cach tenant of the Properiy to pay the rents to Lender or Lendcr's agents. However, prior to Lender's natice to <br />F3orrower of Borrower's breach of any covenant or agreemenk in [h�: Security Tnstrument, �3orrower shall c;pllcct and <br />reccive all rents and revenues of the Property as trustee for thc bcnefit of T.ender and Borrower. This assignmcnt of <br />rents constitutes an absolute assignment and not an assignment fnr additional security only. <br />If I,ender gives notice of breach to Borrower: (a) all renls received by Borrower shall be held by Bprrc�wcr as <br />trustee for benefit of T..ender only, to be applied to the sums secured by the Security Tnstrument; (b) Lend4r 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 rants <br />due and unpaid to I.ender or Lc:nder's agent on L.ender's writ[en dcmand to the tenant. <br />Borrowcr has nc�t execulcd any prior assigmnent of the rents and has nol and will not perform any act that wauld <br />prevcnt I,cndcr from cxercising ils rights under this paragraph 17. <br />Lendcr shall nal bc rcyuircd to enter upon, take control of or maintain the Property before or after giving nc�ticc <br />of breach to 13orro'wer. Hawever, Lender or a judicially appointed receiv�r may dv �c� af any time there is a breach. <br />Any application of rents shall not cure or waive any default or invalidate any c�ther right or remedy of L.ender. Thiy <br />assignment of rents of the Property shdll icrminate when the debt secured by thG S�curity Instrument is paid in full. <br />��4R(NEI �sso�� <br />Page 6 of S � _ <br />
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