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201102908
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4/18/2011 12:04:35 PM
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4/18/2011 12:04:34 PM
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DEEDS
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201102908
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20110290� <br />13. Notices. Any notice to Borrower provided for in this Security Instrument sha11 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 shall be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument sha11 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 shall not affect other provisions of this Security Instrument or <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 sha11 be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Borrower sha11 not cause or permit the presence, 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 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 governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge. If Borrower 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, "Hazardous Substances" are those substances defined as toxic or hazardous <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 formaldehyde, <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-UNIFORM 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 the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to <br />Borrower of Bonower's breach of any covenant or agreement in the Security Instrument, Borrower sha11 collect and <br />receive all rents and revenues of the Property as trustee for the bene�t of Lender and Borrower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all 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 and receive all of the rents of the Property; and (c) each tenant 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 />Borrower 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 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 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 1 4/96 <br />VMP � ` � VMP4RINE) (0809) <br />Wolters Kluwer Financial Services d Page 6 of 9 <br />
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