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201103645
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201103645
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Last modified
5/16/2011 8:59:24 AM
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5/16/2011 8:59:24 AM
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DEEDS
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201103645
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201103645 <br />13. Nol3ces. Any notice to Bonower provided for in this Security Instrument shall be given by deliveaing it or <br />by mailing it by first class mail unless applicable law requires use of another method. Tha notice shall be dire�ted to <br />the Property Ad�ess or any other address Borrower d�ignates by notice to Lender. Any notice to Lende� shall be <br />given by first class mail to Lender's address stated herein or any address Lendar designates by notice to Bosower. <br />Any notice provided for in this Security Inshimnent shall be deemed to have been gi�en to Bo�ower or Lender wh� <br />givm as provided in this Parag�'aPh <br />14. Governing Law; Severability. This Se�urity Instrument shall be governed by Federal law and the law of <br />the jurisdiction in which the Properiy is located. In the event that any provisian or clausa of this Sec�mty Instmm��t <br />or the Nota conflicts with applic�ble law, such conflict shall not affe�t other provisions of this Security Instrument or <br />the Note wluch c�n be given effect without the conflicting provision. To this end the provisions of this Seaurity <br />Instr�ument and the Note are declared to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />Instnument. <br />16. Hazardons 5nbstanc�. Bonower sha11 not cause or germit the presence, use, disposal, storage, or release <br />of any Hazardous Substanc� on or in the Pruperiy. Bortower shall not do, nor allow aayone eLsa to do, ainything <br />affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, usa, ar storage on the Property of small quantities of Hazardous Substanc� that are ge�erallY <br />recognized to be appropriate to normal residential uses and to maintenance of the Properiy. <br />Bonower shall PromPt1Y give Lender written notice of any investigation, olau4 demand, lawsuit or other action <br />by any govemmentsl ar regulatarY ��CY �' Fn� P�Y involving the Property and any Ha�rdous Substance or <br />Environmmtal Law of which Borrower has actual knowledge. If Borrower learns, or is notifierl by any govemmental <br />or reg�ilatory authority, that any removal ar other remadiation of any Hazardous Substanc� affe�ting tha Property is <br />necessary, Boirower shall promPtlY take all necessaiy rem,edial actions in acxordance with Environmental Law. <br />As used in this paragraph 16, ��Ha�ardous Substances" are those substances defined as toxic ar 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 usefl in this paragra.ph 16, "Environmental La.w" means federal laws and laws of the <br />jurisdiction where the Property is locaxed that relate to health, safety or en�ironmental protection. <br />NON-UN�ORM COVENANTS. Bonowe� mid Lender further covenant and agree as follows: <br />17. Assignment of Rents. Bonower unconditianally assigns and h�ers to Lende� all the rents and revenues <br />of the Property. Borrower authorizes Lender ar Lender's agents to colle�t the rents and revenues and hereby dire�ts <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 azry covenant or agreement in the Security Insbrument, Boirower shall colled and <br />receive all rents and revenues of the Properiy as tivstee for the benefit of Lender and Bonower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives notice of bre,ach to Boaower: (a) all rents r�eivefl by Bonower shall be held by Borrower as <br />trustee for benefit of Lender only, to be applied to the s�uns se�ure� by the Security Instrument; (b) Lender shall be <br />entitled to collect and receive all of the rents of the Properiy; and (c) each tenant of the Property shall pay all reats <br />due and unpaid to Lender or Lender' s agent on Lender' s written demand to tha tenan� <br />Borrower has not executed any prior assignment of the rents and has not and will not perform any act thst would <br />prevent Lender from exercising its rights under this paragraph 17. <br />Lender shall not be required to enter upon, take c�rtrol of or maintain the Properiy before or after giving notice <br />of breach to Borrower. However, Lender or a judicially appoinYed re�eiver may do so at any time the�e is a br�ch <br />Any applic;ation of rents shall not cure or waive any default ar invalidate any othar right or rem,edy of Lender. This <br />assignment of rents of the Property ahall terminate when the debt secured by the Security Instrument is paid in fu11. <br />2200131403 D V4NNE <br />�� — <br />VMP�-4N(NE� roao�J.ot Paoe s o� s <br />�� <br />
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