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2011U1381 <br />13. Notices. Any notice to Borrower provided for in this Security Instnunent shall be given by delivering 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 Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instrument sha11 be deemed to have been given to Bonower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instnunent shall be governed by Federal law and the law of <br />the jurisdiction in 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 sha11 not affect other provisions of this Security Instnunent ar <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 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. Aazardous 5ubstances. Borrower sha11 not cause or permit the gresence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything <br />affecting the Property that is in violation of any Environmental Law. The pre�ing two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of HazarcFc�us Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance af t�e Property. <br />Borrower shall promptly give Lender written notice of any investiga�ion, ciaim, ciemand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Prc�;'ty and any Hazardous Substance or <br />Environmental Lavv of which Borrower has actual knowledge. If Borrower Iear�ss, or is notified by any governmental <br />or regutatory autharity, that any rernoval or other remediation of any Hazar�v�ts ��rbst�ces affecring the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in ac�rc�arice with Environmental Law. <br />As used ia this paragraph 16, "Hazardous Substances" are thase substances defined as toxie or hazardous <br />substances by Friivirar�mentaI Law and the following substances: gasolitre, kerasene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materiais_ As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where tt�e Property is Iocated that relate to health, safety or environmental protection. <br />NON-UNIFQRM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assig�nment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lenc�er or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of the Praperty to pay the rents to Lender ar Lender's agents. However, prior to Lender's notice to <br />Borrower of Borrv�uver'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 the benefit of I.ender and Borrower. This assignment of <br />rents constitutes an absolute assignrnent and not an assignment for additionai security onty. <br />If Lender gives norice of breach to Borrower: (a) all rents received by Barmwer shall be held by Borrower as <br />tn�stee for benefit of L,ender only, to be applied to the sums secured by the Set.'vrity Instrument; (b) Lender shall be <br />enritled to collect and receive all of the rents of the Property; and (c) each tenarfi of the Property shall pay all rents <br />due and unpaid to Lender ar Lender's agent on Lender's written demand ta the tenant. <br />Borrower has not executed any prior assignment of the rents and has not and wiii not perform any act that would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shatl not be required to enter upon, take control of or maintain the Property before or afrer giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. <br />Any agplication of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />FHA Deed of Trust-NE 4/96 <br />VMP � VMP4R(NE) (0809) <br />Wolters Kluwer Financial Services Page 6 of 9 <br />� <br />� <br />r <br />