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201105191
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Last modified
9/14/2011 12:28:24 PM
Creation date
7/14/2011 4:22:29 PM
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DEEDS
Inst Number
201105191
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, . __ . _ <br />. ,, _ + - <br />! �. � I,s � r <br />- ' , . � _ ; �i , <br />__ <br />13. Notices. Any notice to Borrower provided for in this Security Instrument 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 d'uected to <br />the Property Address or any other address Bonower designates by notice to Lender. Any notice to Lender shall be <br />given by first ctass mail to Lender's address stated herein or any address Lender designates by notice to Bonower. <br />Any norice provided for in this Security Instrument shall be deemed to have been given to Borrower 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 wiuch 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 aff�t 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 this Security <br />Instrument and the Note are de,clared 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 />26. 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. Borrower shall not da, nor atlow anyone else to do, anything <br />affe�ting the Property that is in violation of any Environmental Law. Tfie greceding two �ntenr.es shall not apply to <br />the presence, use, or storage on the Property of small quantities of Haaarclous Substances that are generally <br />recogn'tzed to be appropriate to normal residential uses aad to ?►,��n*�*�*+ce of the Property. <br />�orrower shall promptly give Lender written norice of any investigatiaa�, elaim, demand, Iawsuit or other action <br />by an,y governmental or regulatory agency or private party involviitg the Pioperty and any Hazardous 5ubstance or <br />En�ironmentat Law of wluch Borrower has actual knowledge. If &arrower Iearns, or is notified by any governmental <br />or regiilatory autho�ily, that any removal or other remediation of any �Iaaaxdous Substances affectiag the Properry is <br />ne�essaty, Borrcrwer shall promptly take all necessary remedial actions i,n �ce with Enviromnental Law. <br />As used. us. this paragraph 16, "�Tazardous Substance,s" are thase s�stat�ces defi�ed as toxic or hazardous <br />substances by Environmental Law and the following substane.es: g�rli�, kerosene, other IIammai�Ie or toxic <br />getrc�Ieutn products, toxic pesticides and herbicides, volatile solvents, matezi�s containittg asbestos or ferrmaldehyde, <br />and radioactive materiats. As used in this paragraph 16, "Environ�entat F.a�w" means federal laws and Iaws of the <br />jurisdiction where the Property is Iocated that relate to health, safety ar envimnmental pmtection. <br />NON-iJNIFORM COVFNANTS. Borrower and Lender further covenant and agree as follows: <br />17. Assignment of Rents. Borrower wncondi�ionally assigns aYCd cransfers to Lender a11 the rents and revenues <br />of the Property. Borrower authorizes Lender or Lender's agents to colleet ttie rents and revenc►es an� hereby directs <br />each tenant of the Property to pay the rents to Lender or Lender's agents. �-Iowever, prior to Lender's norice to <br />Borrower of Borrower's breach of any covenant or agreement in the Security Tnstrument, Borrower shall collect and <br />receive all rents and revenues of the Property as trustee for the benefit of Lender aud Borrower. Tfris assignment of <br />rents constitutes an absolute assignment and not an assignment for addirional security only. <br />If Lender gives notice of breach to Borrower: (a) all rents received by Borrower sha11 be held by Bonower as <br />trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be <br />entitied to collect and receive all of the rents of the Property; and (c) eaeh 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 breach to Bonower. 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 />assignxnent 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 <br />VMP � <br />Wolters Kluwer Financial Servfces <br />�,� <br />aiss <br />VMP4RWE) (0809) <br />Page 6 of 9 <br />� ,. . ,. <br />
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