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201103035
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201103035
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Last modified
5/25/2011 8:49:17 AM
Creation date
4/22/2011 12:15:31 PM
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DEEDS
Inst Number
201103035
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201103035 <br />13. Notices. Any nohce to Sorrower provided for in this Security Instrument sha11 be given by delivering it or <br />by ma.iling 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 Bonower designaies by notice to Lender. Any notice to Lender sha11 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 Instivment sha11 be deemed to have been given to Borrower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; 5everability. This Security Instrument sha11 be governed by Federal law and the law of <br />the jurisdicrion 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 Instrwnent or <br />the Note wluch c�n 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, ditsposat, storage, or release <br />of any Ha7atdous Substances on or in the Property. Bonower sha11 not do, nor a11ow anyone else to do, anything <br />affecting the Properiy tha� is in violation of any Environmental Law. The preceding two sentences sha11 not apply to <br />the presence, Use, or storage on the Property of sma11 quanrities of Ha�ardous Substances that aze generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Properiy. <br />Bonower sha11 promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private pariy involving the Properiy and any Ha�ardous Substance or <br />Environmental Law of which Bonower has actuallaiowledge. 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 talce a11 necessary remedial actions in accordance with Environmental Law. <br />As vsed in this paragraph 16, "Hazazdous Substances" are those substances defined as to�cic or ha�ardous <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, 'Bnvironlnental 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-LINIFORM COVENANTS. Bonower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Bortower unconditionally assigns and transfers to Lender a11 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 Properiy 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, Borrower sha11 collect and <br />receive a11 rents and revenues of the Property as trustee for the benefit of Lender and Bonower. This assignment of <br />rents constitutes an absolute assignmerrt and not an assignment for additional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Bonower shall be held by �nower as <br />trustee for benefit of Lender on1y, to be applied to the sums secured by the Security Instrument; (b) Lender sha11 be <br />entitled to collect and receive all of the rents of the Properiy; and (c) each tenant of the Property sha11 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 pazagraph 17. <br />Lender sha11 not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach to Bonower. However, Lender or a judiciatly appointed receiver may do so at any time there is a breach. <br />Any application of rents sha11 not cwe or waive any default or invalidate any other right or remedy of Lender. Tkris <br />assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. <br />2200i22430 y4riNE <br />i�iei8: <br />VMP�-4NINE) (oao�J.ot Pege 8 of 8 <br />
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