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201104210
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201104210
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Last modified
9/14/2011 12:19:38 PM
Creation date
6/6/2011 9:00:46 AM
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DEEDS
Inst Number
201104210
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201104210 <br />13. Notices. Any notice to Borrower provided foF in this Security Insmiment shall 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 ma.il to Lender's address stated herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this S�urity 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 govemed 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 5ecurity Instrument <br />or the Note conflicts with applicable law, such conflict shall not affect other provisions of this S�urity Instrument or <br />the Note which can be given effect without the conflicting provision. To tlus end the provisions of this Security <br />Instruinent 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 S�urity <br />Instrument. <br />16. Hazardous Substances. Borrower sha11 not ca.use 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 Haaardous Substances that are generally <br />r�ognized to he appropriate to normal residenrial uses and to maintenance of the Property. <br />Bonower 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 Substauce or <br />Environmentai Law of which Borrower has actual knowledge. If Bonower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substances affe,cting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Iaw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as tolcic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticid� and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As used in this paragraph 16, "Environmentat Law" means federal laws and laws of the <br />jurisdicrion where the Property is located that relate to health, safety or environmental protecrion. <br />NON-UNIFORM COVENANT'S. Bonower and Lender further covenaut and agree as follows: <br />17. Assignment of Rents. Borrower uncondirionally assigns and transfers to Lender all the rents and revenues <br />of the Property. Borrower authorizes Lender or I.ender'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 Se,curity Instrument, Borrower shall colle,ct and <br />receive all rents and revenues of the Property as ttvstee for the benefit of Lender and Borrower. This assignment of <br />rents consritutes an absolute assignment and not an assignment for additional security only. <br />If Lender gives norice of breach to Borrower: (a) aIl rents received by Borrower shatl be held by Borrower as <br />truste,e for benefit of Lender only, to be applied to the surns s�ured 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 sha11 pay a11 rents <br />due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. <br />Bonower has not ex�uted 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 />4/96 <br />FHA Deed of Trust-NE VMP4RINE1 (0809) <br />VMP Q <br />Wolters K�uwer Financial Services � Page 6 of 9 <br />
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