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201104071
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6/1/2011 9:23:21 AM
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6/1/2011 9:23:21 AM
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DEEDS
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201104071
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20110407� <br />13. Notices. Any notice to Borrower provided for in this Security Instivment sha11 be given by delivering it or <br />bx 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 norice to Lender sha11 be <br />given by first class ma.il to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any norice provided for in this Security Instrument shall be deemed to have been given to Bonower or Lender when <br />given as provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall 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 ttris Security <br />Instrument and the Note are declared to be severable. <br />15. Barrower's Copy. Borrower shall be given one conformed copy of the Note aud of this Security <br />Instrument. <br />1.6. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release <br />of any Hazardous Substances on or in the Property. Boraawer shall not do, nor allow anyone else to do, anything <br />affecting the Properly that is in violation of any Environmental Law. The preceding two sentences shall not apply to <br />the presence, use, or starage on the Property of small quanrities of Hazardous Suhstances that are generally <br />recognized to be appropriate to normal residentiat uses and to maintenance af the Prvperty. <br />Borrawer shall promptly give Lender written notice of any investigatior�, �Iaizn, demancP, lawsuit or ather action <br />by any governmental or regiilatory agency or private party involving t�e Property and any Hazardous Substance or <br />Envirovmental Law of which Borrower has actual kuowledge. If Borrower I�.rns, or is norified by any governmental <br />or regulatory autharity, that any removal or other remediation of �y Haaarcfious 3ubstances affecting the Property is <br />necessary, BorcQwer shall promgtly take ali necessary remediat actions in accorctance w+ith Enviro�ental I.aw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances definec� as to�sic ar haaardous <br />substances by �nvironmental Law and tke following suhstances: gasc�Iine, kerosene, other IIammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materia,is containing asb�stos or formaidehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmental Law" means federa2 Iaws aad laws of the <br />jurisdicriaII where the Froperiy is located that relate to health safety or envisonmentaZ prot�tion. <br />NON-UNIFORM COVENANT5. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower uncondirionally assigns and transfers to Lender �il the rents and revenues <br />of the Property. Bonower authorizes Lender or �,ender's agents to collect the rents and revenues an� 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 />Bonower of Borrower's breaeh of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />re.ceive all rents and revenues of the Property as trustee for the benefit of Len�er and Bonower. This assignment of <br />rents constitutes an absolute assignment and not an assignment for additional s�urity only. <br />If Lender gives notice of breach to Bflrrower: (a) all rents received by Borrower shall he held by Borrower as <br />trustee for beneft 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 a11 rents <br />due and unpai� to Lender or L.ender's agent on Lender's written demand to the tenant. <br />Bonower 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 Properiy 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 sha11 terminate when the debt secured by the Security Instrument is paid in full. <br />FHA Deed of Trust-NE 4/96 <br />VMP � VMP4R(NE) (0809) <br />Wolters Kluwer Ffnancial Services Page 6 of 9 <br />. v <br />u?, <br />
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