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<br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of
<br />or preclude the exercise of any right or remedy.
<br />12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
<br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
<br />Borrower, subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint
<br />and several. Any Bonower who co-signs this Securzty Instrument but does not execute the Note: (a) is co-
<br />signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property
<br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this
<br />Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, madify, forbear
<br />or make any accommodations with regard to the term of this Security Instrument or the Note without that
<br />Borrower's consent.
<br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
<br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
<br />notice shall be d'vrected to the Property Address or any other address Borrower designates by notice to
<br />L,ender. Any notice to Lender shall be given by first class mail to Lender's address stated here�n or any
<br />address L.ender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be
<br />deemed to have been given to Borrower or Lender when given as provided in this paragraph.
<br />l4. Governing Law; Severability. This Secunty Instrument shall be govemed by Federal law and
<br />the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
<br />ecurity Instrument or the Note conflicts unth applicable law, such conflict shal� not affect other provisions
<br />, f this Security Instrument or the Note which can be given effect without the conflicting provision. To this
<br />', d the provisions of this Security Instrument and the Note aze declared to be severable.
<br />15. Borrower's Copy. Borrower shall be given one confozmed copy of the Note and of this
<br />ecurity Instrument.
<br />lb. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, storage,
<br />r release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to
<br />o, anything affecting the Property that is in violation of any Environmental Law. The preceding two
<br />tences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />ubstances that are generally recognized to be appropriate to normal residential uses and to maintenance of
<br />e Praperty.
<br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
<br />her action by any governmental or regulatory agency or private party involvmg the Properiy and any
<br />azardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or
<br />notified by any governmental or regulatory authority, that any removal or other remediation of any
<br />zardous Substances affecting the Praperty is necessary, Borrower shall promptly take all necessary
<br />medial actions in accordance with Bnvironmental Law.
<br />As used in this paragraph 16, "Hazardons Substances" are those substances defined as toxic or
<br />zardous substa.nces by Environmental Law and the following substances: gasoline, kerosene, other
<br />inmable or toxic petxoleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />c' taining asbestos or formaldehyde, and radioactive materials. As used in the paragraph 16, "Environmental
<br />w" means federal laws and laws of the jurisdiction where the Property is located that relate to health,
<br />s ety or environmental protection.
<br />NON-IJNIFORM COVENANTS. Borrower and I,ender further covenant and agree as follows:
<br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents
<br />a revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
<br />a hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior
<br />t Lender`s notice to Borrower of Borrower's breach of any covenant or agreement in the Security
<br />' ment, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit
<br />o ender and Borrower. Tliis assignment of rents constitutes an absolute assignment and not an assignment
<br />fo additional security only.
<br />If I,ender gives notice of breach to Bonower: (a) all rents received by Borrower shall be held by
<br />B' ower as trustee for benefit of Lender only, to be applied to the sums secured by the Secnrity Instrument;
<br />(b nder shal] be entitled to collect and receive all of the rents of the Property; and (c} each tenant of the
<br />Pr erty shall pay all rents due and unpaid to Lender or Lender's agent on L,ender's written demand to the
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<br />Borrower has not executed any prior assignment of the rents and has not and will not perform any
<br />at would prevent Lender from exercising its rights under this Paragra�h 17.
<br />Lender shall not be required to enter upon, take control of or maintain the Properly before or after
<br />g notice of breach ta Borrower. However, Lender or a judicially appointed receiver may do so at any
<br />there is a breach. Any application of rents shall not cure or wa�ve any default or invalidate any other
<br />or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by
<br />;.curity Instrument is paid in full.
<br />18. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9,
<br />�.er may invoke the power of sale and any other remedies permitted by Applicable Law. Lender
<br />be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 18,
<br />ding, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which
<br />art of the Property is located and shall mail copies of such notice in the manner prescribed by
<br />cable Law to Borrower and to the other persons prescribed by Applicable Law. After the time
<br />red by Applicable Law, Trustee shall give public notice of s$le to the persons and in the manner
<br />ibed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public
<br />n to the highest bidder at the time and place and under the terms designated in the notice of sale
<br />� or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any
<br />of the Property by public announcement at the time and place of any previously scheduled sale.
<br />r or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br />' g the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of
<br />tements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to
<br />ts and egpenses of exercising the power of sale, and the sale, including the payment of the
<br />e's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b} to
<br />s secured by this Security Instrument; and (c) any excess to the person or persons legally
<br />l to it.
<br />I If the Lender's interest in tlus Secwrity Instrument is held by the Secretary and the Secretary
<br />'' s immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
<br />(11/07)
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