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201101523 <br />13. Notices. Any notice to Borrowez provided for in this Security Instruznent 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 [o Lender shall be <br />given by first class mail to Lender's address stated herein or any address Lender clesiDnates by notice to $orrower. <br />Any notice provided for in this Security Instrument shail be deemed to have been given to Sorrower or Lender when <br />given as provided in this paragraph. <br />14. Gor Law; Severability. This Security Instrument shall be governed by Federa] law and the law of <br />the jurisdiction in whieh the Property is Ioeated. In the event that any provision or elause of this Security Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the No[e which can be given effect wi[hout the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />15. BorroFVer's Copy. Borrower shall be given one conformed copy of� the Note and of this Security <br />Instrument. <br />lb. Hazardous Su6stances. Borrowez shall not cause or permi[ the presence, use, disposai, storage, or release <br />of any Hazardous Substances on or in the Property. Borrower shall not do, nor a11ow anyone else to do, anythina <br />affecting the Property that is in violation of any Bnviroz�mental Law. The preceding two sentences shall not apply to <br />ihe presence, use, or storaae on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropnate to normal residetatiat uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice ot' any investigation, claim, demand, lawsuit or other action <br />by any gavernmental or rebulatory agency or private party involving tlae Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If $orrower learns, or is notified by any governmental <br />or regulatory authority, that anv 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 Law. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental Law and the foilowing substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbieides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radiaactive materials. as used in this paragraph 16, "Environmentai Law" means federal laws and laws of the <br />jurisdiction where the Property is located tha[ relate to health, safety or environmental protection. <br />NON-UNIFORM COVENANTS. B�rrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower uncondi[ionally assians and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents fo collect The rents and revenues and hereby directs <br />each tenant ot 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 Security Instrument, Barrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefii of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment fc�r additionaI security only. <br />If Lender gives notice of breach to Borrower: (a) aIl rents received by Borrower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b} Lender shall be <br />entitled to collect anci receive all of the rents of the Property; and (c) each tenant of the Property shall pay ail rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Borrower has not executed any prior assignment of the rents aad has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paratraph I7. <br />Lender sha�l nc�t be required to enter 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 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 temedy of Lender. This <br />assignment of rents of the Pxoperty shall terminate when the debt secured by the Security Instrument is paid in full. <br />,.10-11-0002fl4 <br />� -4NINE) Io407J rn�r�a�s:�,.� <br />O Page 6 oT 8 <br />