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201104720 <br />13. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it ar <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 ather address Borrower designates by notice to Lender. Any notice ko I,ender shal] be <br />given by first c[ass mail to Lender's address stated herein or any address Lender designates t�y notice to Borrower. <br />Any notice provided for in this Security Instrument shall be deemed to have been given to Borr�wer 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 ihe event that any provision or clause of this Security Instrument <br />or the Note conflicts wilh applicable law, such conflict shalt noi affect other provisions of this Security Instrument or <br />the Note which c.�n be given effect without the canflicting provision. To this end the provisions of this Security <br />Instrumcnt and the Note are declared to be severa6le. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security <br />lnstrument. <br />16. Hazardous Substances. Borrower shall not rause or permit the presence, use, disposai, slorage, ar release <br />of any Hazardous Substances on or in the Progerty. Borrower sha11 not do, nor allow anyone else to do, anything <br />affecting thc Property that is in violation of any Environmental Law. T'he greceding two sentence� shall not apply to <br />the presencc;, usc, or storage on the Property af small quantilies of Hazaxdous Substances that are generally <br />rec��nizec� to be appropriale to narmal residential uses and to maintenanee of the 1'roperty. <br />Borrower shall promptly give Lender written notice of any investigation, ciaim, 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 Borrower has actual knowledge. If Borrower learns, or is notified by any go�ernmental <br />or regulaiory authority, that any removal ar other remediation of any Hazardous Substances affecting the Property is <br />neressary, Borrower shall promptly take all necessary remedial actions in acxordance with Environmental i,aw. <br />As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous <br />substances by Environmental L,aw and ihe following substances: gasoline, kerosene, other flammabie or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ashestos or formatdehyde, <br />and radioactive materials. As used in this pazagraph 16, "Environmental Law" means federal laws and laws of the <br />jurisdiction �vhere the Property is located that relate to health, safety or environmenta! proter-�ian. <br />NON-UNIFORM COVENANTS. l3orrawer and L.e�der further covenant and agree as follows: <br />17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender ail t6e rents and revenues <br />of the Property. I3orrawer authorizes Lender ar Lender's agents ea collect the rents and revenues and hereby directs <br />each tenant of the Property to pay the renEs to Lender or Lender's agents. However, prior Co Lender's notice to <br />8orrower of 13orrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and <br />receive all rents and revenues af the �roperty as trustee for the benefii of Lender and Borrower. This assignmeni of <br />rents consti�utes an absolute assignment and not an assignment for additional security only. <br />lf Lender gives nolice of breach to Borrower: (a) all rents received by Borrawer shall be heid by Borrower as <br />trustee for bencfiE of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shail be <br />entitled ta u>llc;ct and re;ceive all of ihe rents af the Property; and (c} each tenant of the Property shall pay all rents <br />due and unpaid ta Lender or Iznder's agent an Lender's written detnand to khe lenant. <br />Sorrower has not executed any prior assignment of the rents and has not and will not perform any act that would <br />prevent Lender Frorn exercising its rights under tlus paragzaph 17. <br />Lcnder shall not be required to enter upon, take control of or maintain the Property before or after giving notice <br />of breach tc� Bc�rrower. Ht�wever, Lender or a judicially appainted rec;eiver may do so at any time tl�ere is a breach. <br />Any application of rents shall not cure or waive any defauft 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 fuli. <br />1 -o aa162 <br />irtitiais: <br />�-4N{Nf} �oao�} Pege6 of 8 <br />6 <br />