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201104693
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201104693
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Last modified
6/24/2011 8:38:36 AM
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6/24/2011 8:38:36 AM
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DEEDS
Inst Number
201104693
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201104693 <br />13. Notices. Any notice to Bonower provided for in this Security Instrument shall be given by delivering it or <br />by mailing it by first class mail unless applicable law requir� 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 shall be <br />given by first class mail to Lender' s address statal herein or any address Lender designates by notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deem� 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 S�urity Insirument or <br />the Note which can be given eff�t without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declazed to be severable. <br />15. Borrower's Copy. Bonower shall be given one conformed copy of the Note and of this Security <br />Instrument. <br />16. Hazardous Substances. Bonower shall not cause or permit the presence, use, disposal, starage, or release <br />of any Hazardous Substances on or in the Property. Borrower sha11 not do, nor allow anyone eLse to do, anything <br />aff�ting 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 sma11 quantities of Hazardous Substances that are generally <br />rec;ognized to be appropriate to normal residenrial uses and to maintenance of the Properiy. <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 Substance or <br />Environmental Law of which Bonower has actual knowledge. If Borrower learns, or is notified by any governmental <br />or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Properly is <br />necessary, Bonower shall prompdy take all necessary remedial actions in accordance with Environmental Law. <br />As used in this pazagraph 16, "Hazardous Substances" are those substances defined as to�cic or hazardous <br />substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic p�ticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials. As usetl in this paragraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction where the Property is located that relate to h�lth, safety or environmental protection. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenu�s <br />of the Properiy. Bonower authoriz� Lender or Lender' s agents to collect the rents and revenues and hereby dir�ts <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 covenaut or agr�ment in the Security Instrument, Borrower shall collect and <br />rec;eive all rents and revenues of the Properly as irustee for the benefit of Lender and Borrower. 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 Borrower: (a) all rents received by Bonower shall be held by Borrower as <br />trustce for benefit 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 Properiy; and (c) e.ach tenant of the Property shall pay all rents <br />due and unpaid to Lender or Lender' 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 Property before or after giving notice <br />of bre,ach to Borrower. However, Lender or a judicially appointed r�eiver may do so at any time there is a bre,ach. <br />Any applicarion of rents shall not cwe 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 s�ured by the Security Instrument is paid in full. <br />- 5-00�� 6 <br />Initia <br />�-4N(NE) �oao�7 Pege 6 of 8 <br />� <br />
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