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20110279� <br />successors in interest. Any forbearanc by Lender in exercising ny <br />or preclude the exercise of any right o remedy. <br />12. Successors and Assigns ound; Joint and Severa Li <br />agreements of this Security Instrum nt shall bind and benefit the <br />Borrower, subject to the provisions o Paragraph 9(b). Borrowe 's c <br />and several. Any Borrower who co-s'gns this Security Instrum t t <br />signing this Security Instrument only to mortgage, grant and co ve� <br />under the terms of this Security Inst ment; (b) is not personal y ol <br />Security Instrument; and (c) agrees th t Lender and any other B ro� <br />or make any accommodations with r gard to the term of this S cur <br />Borrower's consent. <br />13. Notices. Any notice to Borrower provided' for in thi� <br />delivering it or by mailing it by first class mail unless applica e l� <br />notice shall be directed to the Prop rly Address or any othe adc <br />Lender. Any notice to Lender shall e given by first class m il tc <br />address Lender designates by notice t Borrower. Any notice pro ide <br />deemed to have been given to Borro r or Lender when given a prc <br />14. Governing Law; Sever bility. This Security Inst me <br />the law of the jurisdiction in which t e Property is located. In t e e <br />Security Instrument or the Note con icts with applicable law, s ch <br />of this Security Instrument or the N e which can be given effe t w <br />end the provisions of this Security In trument and the Note are ecla <br />15. Borrower's Copy. B rrower shall be given on co <br />Security Instrument. <br />16. Hazardous Substances. Borrower shall not cause r pe: <br />or release of any Hazardous Substanc s on or in the Property. B rrov� <br />do, anything affecting the Property that is in violation of a y E� <br />sentences shall not apply to the pre nce, use, or storage on t e Pr� <br />Substances that are generally recogn zed to be appropriate to n rma <br />the Properry. <br />Borrower shall promptly gi e Lender written notice of ny i <br />other action by any governmental r regulatory agency or pr'vate <br />Hazardous Substance or Environmen al Law of which Borrower has ; <br />is notified by any governmental or regulatory authority, tha any <br />Hazardous Substances affecting th Property is necessary, orro <br />remedial actions in accordance with nvironmental Law. <br />As used in this paragraph 16, "Hazardous Substanc s" a <br />hazardous substances by Environ ental Law and the folio ing <br />flammable or toxic petroleum pr ducts, toxic pesticides a d <br />containing asbestos or formaldehyde, and radioactive materials. s u <br />Law" means federal laws and laws of the jurisdiction where he <br />safery or environmental protection. <br />NON-UNIFORM COVEN NTS. Borrower and Lend r fur <br />17. Assignment of Rents. Borrower unconditionally assi <br />and revenues of the Property. Borro er authorizes Lender or Le der' <br />and hereby directs each tenant of th Property to pay the rents o L <br />to Lender's notice to Borrower o Borrower's breach of a y c <br />Instrument, Borrower shall collect a d receive all rents and rev nue <br />of Lender and Borrower. This assig ment of rents constitutes a ab <br />for additional security only. <br />If Lender gives notice of b each to Borrower: (a) all rent <br />Borrower as trustee for benefit of L der only, to be applied to the <br />(b) Lender shall be entitled to colle t and receive all of the re ts o <br />Property shall pay all rents due an unpaid to Lender or Len r's g <br />tenant. <br />Borrower has not executed any prior assignment of t <br />act that would prevent Lender from xercising its rights under <br />Lender shall not be requir to enter upon, take cont <br />giving notice of breach to Borrowe . However, Lender'or a j� <br />time there is a breach. Any applica ion of rents shall not cur� <br />right or remedy of Lender. This assi nment of rents of the Pro <br />the Security Instrument is paid in fu L <br />18. Foreclosure Procedur . If Lender requires imr. <br />Lender may invoke the power of ale and any otherremei <br />shall be entitled to collect aII exp nses incurred in pursuin <br />including, but not limited to, reas nable attorneys' fees anc <br />If the power of sale is inv ked, Trustee shall'xecori <br />any part of the Property is locat d and shall mail copies � <br />Applicable Law to Borrower and to the other persons pre, <br />required by Applicable Law, Tr tee shall give public noti <br />prescribed by Applicable Law. T ustee, without demand o� <br />auction to the highest bidder at t time and place and und <br />in one or more parcels and in an order Trustee determin <br />parcel of the Property by public nnouncement at the time <br />Lender or its designee may purch se the Property at any s: <br />Upon receipt of payment f the price bid, Trustee s <br />conveying the Property. The reci als in the Trustee's deed <br />the statements made therein. Tr stee shall apply the procf <br />all costs and expenses of exerci ing the power of sale, <br />Trustee's fees actually incurred d reasonable attorneys' <br />all sums secured by this Securi Instrument; and (c) a <br />entitled to it. <br />If the Lender's interest i this Security Instrumen is : <br />requires immediate payment in ull under Paragraph 9, the <br />16256.CV (11/07) 905159 <br />or remedy shall not be a waiver of <br />lity; Co-signers. The covenants and <br />ccessors and assigns of Lender and <br />�nants and agreements shall be joint <br />does not execute the Note: (a) is co- <br />at Borrower's interest in the Property <br />ated to pay the sums secured by this <br />may agree to extend, modify, forbear <br />Instrument or the Note without that <br />Security Instrument shall be given by <br />v requires use of another method. The <br />�ess Borrower designates by notice to <br />Lender's address stated herein or any <br />for in this Security Instrument shall be <br />ided in this paragraph. <br />t shall be governed by Federal law and <br />�nt that any provision or clause of this <br />�nflict shall not affect other provisions <br />hout the conflicting provision. To this <br />�d to be severable. <br />formed copy of the Note and of this <br />it the presence, use, disposal, storage, <br />shall not do, nor allow anyone else to <br />ronmental Law. The preceding two <br />�rty of small quantities of Hazardous <br />;sidential uses and to maintenance of <br />ivestigation, claim, dernand, lawsuit or <br />party involving the Property and any <br />�tual knowledge. If Borrower learns, or <br />removal or other remediation of any <br />�er shall promptly take all necessary <br />; those substances defined as toxic or <br />substances: gasoline, kerosene, other <br />;rbicides, volatile solvents, materials <br />;d in the paragraph 16, "Environmental <br />operty is located that relate to health, <br />her covenant and agree as follows: <br />ns and transfers to Lender all the rents <br />agents to collect the rents and revenues <br />ider or Lender's agents. However, prior <br />venant or agreement in the Security <br />of the Property as trustee for the benefit <br />dute assignment and not an assignment <br />received by Borrower shall be held by <br />ms secured by the Security Instrument; <br />the Property; and (c) each tenant of the <br />ent on Lender's written demand to the <br />� re ts and has not and will not perform any <br />his aragraph 17. <br />>1 0 or maintain the Property before or after <br />iici lly appointed receiver may do so at any <br />or aive any default or invalidate any other <br />�rty shall terminate when the debt secured by <br />B <br />and <br />te payment in full under Paragraph 9, <br />ermitted by Applicable Law. Lender <br />remedies provided in this Section 18, <br />� of title evidence. <br />tice of default in each county in which <br />h notice in the manner prescribed by <br />�d by Applicable Law. After the time <br />sale to the persons and in the manner <br />rower, shall sell the Property at public <br />� terms designated in the notice of sale <br />rustee may postpone sale of all or any <br />�lace of any previously scheduled sale. <br />�eliver to the purchaser Trustee's deed <br />be prima facie evidence of the truth of <br />f the sale in the following order: (a) to <br />e sale, including the payment of the <br />s permitted by Applicable Law; (b) to <br />eess to the person or persons legaily <br />Page 4 of 5 <br />by the Secretary and the Secretary <br />retary may invoke the nonjudicial <br />GOTO(OO15c689) <br />