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201101573
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201101573
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Last modified
3/4/2011 3:51:20 PM
Creation date
2/25/2011 4:05:12 PM
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DEEDS
Inst Number
201101573
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201101573 <br />13. NoNces. Any notice to Borrower provided for in this Security Instnxment shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requires usc of anothcr method. The notice shail 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 Bonower. <br />My notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragrdPh. <br />14. Governing Law; Severability. This Security Instrument shall be govemed 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 Instnunent <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instnunent or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrumcnt and the Note are declarcd to be sevcrable. <br />15. Borrower's Copy. Bonower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in ihe Properly. Borre�wer shall not du, nor allow anyone elae lo do, anylhing <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 maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any govcrnmental or rcgulatory agency or private party involving thc Property and any Hazardous Substancc ar <br />Environxnental Law of which Borrower has actual knowledge. If Bonower 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 Law. <br />As used in this paragraph 16, "Haiardous Subtitances" are those subslances defined as toxic or haiardouti <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to health, safety or environmental protection. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues <br />of the Property_ Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs <br />each tenant of lhe Property to pay the rent5 to Lender or Lender'S agents. However, prior to Lender's notice lo <br />Borrower 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 Proper[y as trustee for the beneftt of Lender and Borrower_ This assigtunent of <br />rents constitutes an absolute assignment and not an assignment far additional security only. <br />If Lender gives notice of breach to Bonower: (a) all rents received by Borrower shall be held by Borrower as <br />trustec for bencfit of Lender only, to be applicd to thc sums sccurcd by thc Sccurity Instnuncnt; (b) Lcndcr shall bc <br />cntitled to collect and receive all of the rcnts of thc Property; and (c) each tcnant 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 />Bonower has not executed any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender from exercising its rights under this paragraPh 17. <br />Lender shall not be required to enter upon, take control of or inaintain the Property before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appointed receiver inay 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 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 />�-4R(NE) (ssoi � Page 6 of 8 ��� � IniUals ��i'�_1'r u. <br />
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